[House Prints, 117th Congress]
[From the U.S. Government Publishing Office]
117th Congress }
HOUSE OF REPRESENTATIVES
1st Session }
_______________________________________________________________________
CONSOLIDATED APPROPRIATIONS ACT, 2021
__________
C O M M I T T E E P R I N T
of the
COMMITTEE ON APPROPRIATIONS
U.S. HOUSE OF REPRESENTATIVES
on
H.R. 133 / Public Law 116-260
[Legislative Text and Explanatory Statement]
Book 2 of 2
Divisions G-L
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
March 2021
______
U.S. GOVERNMENT PUBLISHING OFFICE
43-750 WASHINGTON : 2021
COMMITTEE ON APPROPRIATIONS
----------
NITA M. LOWEY, New York, Chairwoman
MARCY KAPTUR, Ohio KAY GRANGER, TEXAS
PETER J. VISCLOSKY, Indiana HAROLD ROGERS, KENTUCKY
JOSE E. SERRANO, New York ROBERT B. ADERHOLT, ALABAMA
ROSA L. DeLAURO, Connecticut MICHAEL K. SIMPSON, IDAHO
DAVID E. PRICE, North Carolina JOHN R. CARTER, TEXAS
LUCILLE ROYBAL-ALLARD, California KEN CALVERT, CALIFORNIA
SANFORD D. BISHOP, Jr., Georgia TOM COLE, OKLAHOMA
BARBARA LEE, California MARIO DIAZ-BALART, FLORIDA
BETTY McCOLLUM, Minnesota TOM GRAVES, GEORGIA \1\
TIM RYAN, Ohio STEVE WOMACK, ARKANSAS
C. A. DUTCH RUPPERSBERGER, Maryland JEFF FORTENBERRY, NEBRASKA
DEBBIE WASSERMAN SCHULTZ, Florida CHUCK FLEISCHMANN, TENNESSEE
HENRY CUELLAR, Texas JAIME HERRERA BEUTLER, WASHINGTON
CHELLIE PINGREE, Maine DAVID P. JOYCE, OHIO
MIKE QUIGLEY, Illinois ANDY HARRIS, MARYLAND
DEREK KILMER, Washington MARTHA ROBY, ALABAMA
MATT CARTWRIGHT, Pennsylvania MARK E. AMODEI, NEVADA
GRACE MENG, New York CHRIS STEWART, UTAH
MARK POCAN, Wisconsin STEVEN M. PALAZZO, MISSISSIPPI
KATHERINE M. CLARK, Massachusetts DAN NEWHOUSE, WASHINGTON
PETE AGUILAR, California JOHN R. MOOLENAAR, MICHIGAN
LOIS FRANKEL, Florida JOHN H. RUTHERFORD, FLORIDA
CHERI BUSTOS, Illinois WILL HURD, TEXAS
BONNIE WATSON COLEMAN, New Jersey
BRENDA L. LAWRENCE, Michigan
NORMA J. TORRES, California
CHARLIE CRIST, Florida
ANN KIRKPATRICK, Arizona
ED CASE, Hawaii
----------
\1\Resigned from Congress October 4, 2020
Shalanda Young, Clerk and Staff Director
(ii)
C O N T E N T S
Provisions Applying to All Divisions of the Consolidated
Act
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2021
Page
Title I--Department of the Interior 1271
Title II--Environmental Protection Agency 1301
Title III--Related Agencies 1310
Title IV--General Provisions 1329
DIVISION G--Explanatory Statement 1343
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
Title I--Department of Labor 1509
Title II--Department of Health and Human Services 1529
Title III--Department of Education 1561
Title IV--Related Agencies 1576
Title V--General Provisions 1584
DIVISION H--Explanatory Statement 1593
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2021
Title I--Legislative Branch 1735
Title II--General Provisions 1759
DIVISION I--Explanatory Statement 1763
DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT,
Title I--Department of Defense 1801
Title II--Department of Veterans Affairs 1811
Title III--Related Agencies 1832
Title IV--Overseas Contingency Operations 1833
Title V--General Provisions 1834
DIVISION J--Explanatory Statement 1839
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2021
Title I--Department of State and Related Agency 1919
Title II--United States Agency for International
Development 1929
Title III--Bilateral Economic Assistance 1930
Title IV--International Security Assistance 1938
Title V--Multilateral Assistance 1941
Title VI--Export and Investment Assistance 1943
Title VII--General Provisions 1947
Title VIII--Nita M. Lowey Middle East Partnership for Peace
Act of 2020 2046
Title IX--Emergency Funding and Other Matters 2052
DIVISION K--Explanatory Statement 2055
(iii)
IV
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2021
Page
Title I--Department of Transportation 2141
Title II--Department of Housing and Urban Development 2184
Title III--Related Agencies 2223
Title IV--General Provisions--This Act 2225
DIVISION L--Explanatory Statement 2231
Clerk's Note
This committee print provides a compilation of the enacted
text and applicable explanatory material for the Consolidated
Appropriations Act, 2021 (H.R. 133, P.L. 116-260).
The Act consists of 12 divisions related to regular annual
Appropriations matters (divisions A through L). Division M
contains the Coronavirus Response and Relief Supplemental
Appropriations Act, 2021, which provides supplemental
appropriations for fiscal year 2021. The Act also includes 19
additional divisions largely unrelated to appropriations
matters (divisions N through FF). This compilation includes
only the 12 divisions related to regular appropriations matters
(A through L). It also includes the front section of the Act,
which contains provisions applicable to the entire Act.
Divisions A through L are the products of negotiations
between the House and Senate Appropriations Committees on final
fiscal year 2021 appropriations for all 12 annual
appropriations bills.
The legislative text was submitted by Chairwoman Nita Lowey
of the House Committee on Appropriations as a House amendment
to the Senate amendment to an unrelated bill pending in the
House, H.R. 133. Both the House and Senate agreed to the
measure on December 21, 2020.\1\ The President signed the
legislation on December 27, 2020 and it became Public Law 116-
260.
Because an ``amendments-between-the-Houses'' process was
used instead of a conference committee, there is no conference
report and no ``joint Explanatory Statement of the managers''
for H.R. 133. An Explanatory Statement relating to the House
amendment to H.R. 133 was filed by Chairwoman Lowey in the
Congressional Record on December 21, 2020.\2\ Section 4 of the
Act provides that this Explanatory Statement ``shall have the
same effect with respect to the allocation of funds and
implementation of divisions A through L of this Act as if it
were a joint explanatory statement of a committee of
conference.''
For the convenience of users, the legislative text of each
appropriations division is paired with the applicable section
of the Explanatory Statement.
---------------------------------------------------------------------------
\1\ The House agreed to the amendment in two parts, first by a vote
of 327-85 (Roll Call No. 250) on divisions B, C, E, and F and then on
the remaining divisions by a vote of 359-53 (Roll Call No. 251). The
Senate agreed to the amendment by a vote of 92-6 (Roll Call Vote No.
289).
\2\ The Explanatory Statement appears in Books III and IV of the
December 21, 2020 Congressional Record. (See pages H7879-H8851).
---------------------------------------------------------------------------
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2021
(H.R. 133; P.L. 116-260)
PROVISIONS APPLYING TO ALL DIVISIONS OF THE CONSOLIDATED APPROPRIATIONS
ACT
=======================================================================
[Clerk's note.--Reproduced below are the introductory
paragraphs of the Explanatory Statement regarding H.R. 133, the
Consolidated Appropriations Act, 2021.\1\]
---------------------------------------------------------------------------
\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
December 21, 2020 by Mrs. Lowey of New York, Chairwoman of the House
Committee on Appropriations. The Statement appears on page H7879 of
Book III.
---------------------------------------------------------------------------
EXPLANATORY STATEMENT SUBMITTED BY MRS. LOWEY, CHAIRWOMAN OF THE HOUSE
COMMITTEE ON APPROPRIATIONS REGARDING H.R. 133, CONSOLIDATED
APPROPRIATIONS ACT, 2021
The following is an explanation of the Consolidated
Appropriations Act, 2021. This Act includes 12 regular
appropriations bills for fiscal year 2021. The divisions
contained in this book are as follows:
Division G--Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2021
Division H--Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations
Act, 2021
Division I--Legislative Branch Appropriations Act,
2021
Division J--Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2021
Division K--Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2021
Division L--Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2021
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2021
(H.R. 133; P.L. 116-260)
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2021
=======================================================================
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2021
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
(including rescission of funds)
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C.
3150(a)), $1,220,555,000, to remain available until September
30, 2022; of which $77,669,000 for annual and deferred
maintenance and $115,745,000 for the wild horse and burro
program, as authorized by Public Law 92-195 (16 U.S.C. 1331 et
seq.), shall remain available until expended: Provided, That
amounts in the fee account of the BLM Permit Processing
Improvement Fund may be used for any bureau-related expenses
associated with the processing of oil and gas applications for
permits to drill and related use of authorizations.
In addition, $39,696,000 is for Mining Law Administration
program operations, including the cost of administering the
mining claim fee program, to remain available until expended,
to be reduced by amounts collected by the Bureau and credited
to this appropriation from mining claim maintenance fees and
location fees that are hereby authorized for fiscal year 2021,
so as to result in a final appropriation estimated at not more
than $1,220,555,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by
the Bureau for the cost of administering communication site
activities.
Of the unobligated balances from amounts made available under
this heading in fiscal year 2018 or before, $13,000,000 is
permanently rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress as
an emergency requirement pursuant to the Concurrent Resolution
on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
land acquisition
(rescission of funds)
Of the unobligated balances from amounts made available for
Land Acquisition and derived from the Land and Water
Conservation Fund, $5,400,000 is hereby permanently rescinded
from projects with cost savings or failed or partially failed
projects: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
oregon and california grant lands
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such
grant lands; $114,783,000, to remain available until expended:
Provided, That 25 percent of the aggregate of all receipts
during the current fiscal year from the revested Oregon and
California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be
transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the
Act of August 28, 1937 (43 U.S.C. 2605).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1751), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and mineral
leasing receipts from Bankhead-Jones lands transferred to the
Department of the Interior pursuant to law, but not less than
$10,000,000, to remain available until expended: Provided,
That not to exceed $600,000 shall be available for
administrative expenses.
service charges, deposits, and forfeitures
(including rescission of funds)
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), and
under section 28 of the Mineral Leasing Act (30 U.S.C. 185), to
remain available until expended: Provided, That
notwithstanding any provision to the contrary of section 305(a)
of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have
been or will be received pursuant to that section, whether as a
result of forfeiture, compromise, or settlement, if not
appropriate for refund pursuant to section 305(c) of that Act
(43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary of the
Interior to improve, protect, or rehabilitate any public lands
administered through the Bureau of Land Management which have
been damaged by the action of a resource developer, purchaser,
permittee, or any unauthorized person, without regard to
whether all moneys collected from each such action are used on
the exact lands damaged which led to the action: Provided
further, That any such moneys that are in excess of amounts
needed to repair damage to the exact land for which funds were
collected may be used to repair other damaged public lands.
Of the unobligated balances from amounts collected in fiscal
year 2015 or any prior fiscal year, $20,000,000 is permanently
rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
miscellaneous trust funds
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as may
be contributed under section 307 of Public Law 94-579 (43
U.S.C. 1737), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of making
conveyances of omitted lands under section 211(b) of that Act
(43 U.S.C. 1721(b)), to remain available until expended.
administrative provisions
The Bureau of Land Management may carry out the operations
funded under this Act by direct expenditure, contracts, grants,
cooperative agreements, and reimbursable agreements with public
and private entities, including with States. Appropriations for
the Bureau shall be available for purchase, erection, and
dismantlement of temporary structures, and alteration and
maintenance of necessary buildings and appurtenant facilities
to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information
or evidence concerning violations of laws administered by the
Bureau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $10,000: Provided, That notwithstanding Public Law 90-
620 (44 U.S.C. 501), the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure
printing services from cooperators in connection with jointly
produced publications for which the cooperators share the cost
of printing either in cash or in services, and the Bureau
determines the cooperator is capable of meeting accepted
quality standards: Provided further, That projects to be
funded pursuant to a written commitment by a State government
to provide an identified amount of money in support of the
project may be carried out by the Bureau on a reimbursable
basis.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic
studies, general administration, and for the performance of
other authorized functions related to such resources,
$1,379,828,000, to remain available until September 30, 2022:
Provided, That not to exceed $20,767,000 shall be used for
implementing subsections (a), (b), (c), and (e) of section 4 of
the Endangered Species Act of 1973 (16 U.S.C. 1533) (except for
processing petitions, developing and issuing proposed and final
regulations, and taking any other steps to implement actions
described in subsection (c)(2)(A), (c)(2)(B)(i), or
(c)(2)(B)(ii)).
construction
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of fish
and wildlife resources, and the acquisition of lands and
interests therein; $18,193,000, to remain available until
expended.
cooperative endangered species conservation fund
(including rescission of funds)
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1535), $43,340,000,
to remain available until expended, of which $23,702,000 is to
be derived from the Cooperative Endangered Species Conservation
Fund; and of which $19,638,000 is to be derived from the Land
and Water Conservation Fund.
Of the unobligated balances made available under this
heading, $12,500,000 is permanently rescinded from projects or
from other grant programs with an unobligated carry over
balance: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act (16 U.S.C. 4401 et
seq.), $46,500,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory
Bird Conservation Act (16 U.S.C. 6101 et seq.), $4,910,000, to
remain available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the
Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301
et seq.), the Great Ape Conservation Act of 2000 (16 U.S.C.
6301 et seq.), and the Marine Turtle Conservation Act of 2004
(16 U.S.C. 6601 et seq.), $18,000,000, to remain available
until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American Samoa,
and Indian tribes under the provisions of the Fish and Wildlife
Act of 1956 and the Fish and Wildlife Coordination Act, for the
development and implementation of programs for the benefit of
wildlife and their habitat, including species that are not
hunted or fished, $72,362,000, to remain available until
expended: Provided, That of the amount provided herein,
$6,000,000 is for a competitive grant program for Indian tribes
not subject to the remaining provisions of this appropriation:
Provided further, That $7,362,000 is for a competitive grant
program to implement approved plans for States, territories,
and other jurisdictions and at the discretion of affected
States, the regional Associations of fish and wildlife
agencies, not subject to the remaining provisions of this
appropriation: Provided further, That the Secretary shall,
after deducting $13,362,000 and administrative expenses,
apportion the amount provided herein in the following manner:
(1) to the District of Columbia and to the Commonwealth of
Puerto Rico, each a sum equal to not more than one-half of 1
percent thereof; and (2) to Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands, each a sum equal to not more than one-fourth
of 1 percent thereof: Provided further, That the Secretary of
the Interior shall apportion the remaining amount in the
following manner: (1) one-third of which is based on the ratio
to which the land area of such State bears to the total land
area of all such States; and (2) two-thirds of which is based
on the ratio to which the population of such State bears to the
total population of all such States: Provided further, That
the amounts apportioned under this paragraph shall be adjusted
equitably so that no State shall be apportioned a sum which is
less than 1 percent of the amount available for apportionment
under this paragraph for any fiscal year or more than 5 percent
of such amount: Provided further, That the Federal share of
planning grants shall not exceed 75 percent of the total costs
of such projects and the Federal share of implementation grants
shall not exceed 65 percent of the total costs of such
projects: Provided further, That the non-Federal share of such
projects may not be derived from Federal grant programs:
Provided further, That any amount apportioned in 2021 to any
State, territory, or other jurisdiction that remains
unobligated as of September 30, 2022, shall be reapportioned,
together with funds appropriated in 2023, in the manner
provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out the
operations of Service programs by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities. Appropriations and
funds available to the United States Fish and Wildlife Service
shall be available for repair of damage to public roads within
and adjacent to reservation areas caused by operations of the
Service; options for the purchase of land at not to exceed one
dollar for each option; facilities incident to such public
recreational uses on conservation areas as are consistent with
their primary purpose; and the maintenance and improvement of
aquaria, buildings, and other facilities under the jurisdiction
of the Service and to which the United States has title, and
which are used pursuant to law in connection with management,
and investigation of fish and wildlife resources: Provided,
That notwithstanding 44 U.S.C. 501, the Service may, under
cooperative cost sharing and partnership arrangements
authorized by law, procure printing services from cooperators
in connection with jointly produced publications for which the
cooperators share at least one-half the cost of printing either
in cash or services and the Service determines the cooperator
is capable of meeting accepted quality standards: Provided
further, That the Service may accept donated aircraft as
replacements for existing aircraft: Provided further, That
notwithstanding 31 U.S.C. 3302, all fees collected for non-
toxic shot review and approval shall be deposited under the
heading ``United States Fish and Wildlife Service--Resource
Management'' and shall be available to the Secretary, without
further appropriation, to be used for expenses of processing of
such non-toxic shot type or coating applications and revising
regulations as necessary, and shall remain available until
expended: Provided further, That obligated balances of funding
originally made available under section 7060(c)(2)(B) of
division K of the Consolidated Appropriations Act, 2018 (Public
Law 115-141) and transferred to the Fish and Wildlife Service
to combat the transnational threat of wildlife poaching and
trafficking in the Central Africa Regional Program for the
Environment shall be distributed to recipients that were
awarded grants not later than 60 days after the date of
enactment of this Act.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service and for the general administration of the
National Park Service, $2,688,287,000, of which $10,282,000 for
planning and interagency coordination in support of Everglades
restoration and $135,980,000 for maintenance, repair, or
rehabilitation projects for constructed assets and $188,184,000
for cyclic maintenance projects for constructed assets and
cultural resources and $5,000,000 for uses authorized by
section 101122 of title 54, United States Code shall remain
available until September 30, 2022: Provided, That funds
appropriated under this heading in this Act are available for
the purposes of section 5 of Public Law 95-348: Provided
further, That notwithstanding section 9(a) of the United States
Semiquincentennial Commission Act of 2016 (Public Law 114-196;
130 Stat. 691), $8,000,000 of the funds made available under
this heading shall be provided to the United States
Semiquincentennial Commission for the purposes specified by
that Act: Provided further, That notwithstanding section 9 of
the 400 Years of African-American History Commission Act (36
U.S.C. note prec. 101; Public Law 115-102), $3,300,000 of the
funds provided under this heading shall be made available for
the purposes specified by that Act: Provided further, That
sections (7)(b) and (8) of that Act shall be amended by
striking ``July 1, 2021'' and inserting ``July 1, 2022''.
In addition, for purposes described in section 2404 of Public
Law 116-9, an amount equal to the amount deposited in this
fiscal year into the National Park Medical Services Fund
established pursuant to such section of such Act, to remain
available until expended, shall be derived from such Fund.
national recreation and preservation
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, and grant administration, not otherwise provided
for, $74,157,000, to remain available until September 30, 2022.
historic preservation fund
For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54,
United States Code), $144,300,000, to be derived from the
Historic Preservation Fund and to remain available until
September 30, 2022, of which $25,000,000 shall be for Save
America's Treasures grants for preservation of nationally
significant sites, structures and artifacts as authorized by
section 7303 of the Omnibus Public Land Management Act of 2009
(54 U.S.C. 3089): Provided, That an individual Save America's
Treasures grant shall be matched by non-Federal funds:
Provided further, That individual projects shall only be
eligible for one grant: Provided further, That all projects to
be funded shall be approved by the Secretary of the Interior in
consultation with the House and Senate Committees on
Appropriations: Provided further, That of the funds provided
for the Historic Preservation Fund, $1,000,000 is for
competitive grants for the survey and nomination of properties
to the National Register of Historic Places and as National
Historic Landmarks associated with communities currently under-
represented, as determined by the Secretary, $21,125,000 is for
competitive grants to preserve the sites and stories of the
Civil Rights movement; $10,000,000 is for grants to
Historically Black Colleges and Universities; $7,500,000 is for
competitive grants for the restoration of historic properties
of national, State, and local significance listed on or
eligible for inclusion on the National Register of Historic
Places, to be made without imposing the usage or direct grant
restrictions of section 101(e)(3) (54 U.S.C. 302904) of the
National Historical Preservation Act; and $10,000,000 is for a
competitive grant program to honor the semiquincentennial
anniversary of the United States by restoring and preserving
state-owned sites and structures listed on the National
Register of Historic Places that commemorate the founding of
the nation: Provided further, That such competitive grants
shall be made without imposing the matching requirements in
section 302902(b)(3) of title 54, United States Code to States
and Indian tribes as defined in chapter 3003 of such title,
Native Hawaiian organizations, local governments, including
Certified Local Governments, and non-profit organizations.
construction
For construction, improvements, repair, or replacement of
physical facilities, and compliance and planning for programs
and areas administered by the National Park Service,
$223,907,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, for any
project initially funded in fiscal year 2021 with a future
phase indicated in the National Park Service 5-Year Line Item
Construction Plan, a single procurement may be issued which
includes the full scope of the project: Provided further, That
the solicitation and contract shall contain the clause
availability of funds found at 48 CFR 52.232-18: Provided
further, That National Park Service Donations, Park Concessions
Franchise Fees, and Recreation Fees may be made available for
the cost of adjustments and changes within the original scope
of effort for projects funded by the National Park Service
Construction appropriation: Provided further, That the
Secretary of the Interior shall consult with the Committees on
Appropriations, in accordance with current reprogramming
thresholds, prior to making any charges authorized by this
section.
land acquisition and state assistance
(rescission of funds)
Of the unobligated balances from amounts made available for
the National Park Service and derived from the Land and Water
Conservation Fund in fiscal year 2017 or any prior fiscal year,
$23,000,000 is hereby permanently rescinded from grant programs
with an unobligated carry over balance: Provided, That no
amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
centennial challenge
For expenses necessary to carry out the provisions of section
101701 of title 54, United States Code, relating to challenge
cost share agreements, $15,000,000, to remain available until
expended, for Centennial Challenge projects and programs:
Provided, That not less than 50 percent of the total cost of
each project or program shall be derived from non-Federal
sources in the form of donated cash, assets, or a pledge of
donation guaranteed by an irrevocable letter of credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2)
of title 54, United States Code, franchise fees credited to a
sub-account shall be available for expenditure by the
Secretary, without further appropriation, for use at any unit
within the National Park System to extinguish or reduce
liability for Possessory Interest or leasehold surrender
interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee
receipts over the term of the contract at that unit exceed the
amount of funds used to extinguish or reduce liability.
Franchise fees at the benefitting unit shall be credited to the
sub-account of the originating unit over a period not to exceed
the term of a single contract at the benefitting unit, in the
amount of funds so expended to extinguish or reduce liability.
For the costs of administration of the Land and Water
Conservation Fund grants authorized by section 105(a)(2)(B) of
the Gulf of Mexico Energy Security Act of 2006 (Public Law 109-
432), the National Park Service may retain up to 3 percent of
the amounts which are authorized to be disbursed under such
section, such retained amounts to remain available until
expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation,
for purposes authorized under 23 U.S.C. 203. Transfers may
include a reasonable amount for FHWA administrative support
costs.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30 U.S.C.
3, 21a, and 1603; 50 U.S.C. 98g(a)(1)) and related purposes as
authorized by law; and to publish and disseminate data relative
to the foregoing activities; $1,315,527,000, to remain
available until September 30, 2022; of which $84,337,000 shall
remain available until expended for satellite operations; and
of which $74,664,000 shall be available until expended for
deferred maintenance and capital improvement projects that
exceed $100,000 in cost: Provided, That none of the funds
provided for the ecosystem research activity shall be used to
conduct new surveys on private property, unless specifically
authorized in writing by the property owner: Provided further,
That no part of this appropriation shall be used to pay more
than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in
cooperation with States and municipalities.
administrative provisions
From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary
shall be available for contracting for the furnishing of
topographic maps and for the making of geophysical or other
specialized surveys when it is administratively determined that
such procedures are in the public interest; construction and
maintenance of necessary buildings and appurtenant facilities;
acquisition of lands for gauging stations, observation wells,
and seismic equipment; expenses of the United States National
Committee for Geological Sciences; and payment of compensation
and expenses of persons employed by the Survey duly appointed
to represent the United States in the negotiation and
administration of interstate compacts: Provided, That
activities funded by appropriations herein made may be
accomplished through the use of contracts, grants, or
cooperative agreements as defined in section 6302 of title 31,
United States Code: Provided further, That the United States
Geological Survey may enter into contracts or cooperative
agreements directly with individuals or indirectly with
institutions or nonprofit organizations, without regard to 41
U.S.C. 6101, for the temporary or intermittent services of
students or recent graduates, who shall be considered employees
for the purpose of chapters 57 and 81 of title 5, United States
Code, relating to compensation for travel and work injuries,
and chapter 171 of title 28, United States Code, relating to
tort claims, but shall not be considered to be Federal
employees for any other purposes.
Bureau of Ocean Energy Management
ocean energy management
(including rescission of funds)
For expenses necessary for granting and administering leases,
easements, rights-of-way, and agreements for use for oil and
gas, other minerals, energy, and marine-related purposes on the
Outer Continental Shelf and approving operations related
thereto, as authorized by law; for environmental studies, as
authorized by law; for implementing other laws and to the
extent provided by Presidential or Secretarial delegation; and
for matching grants or cooperative agreements, $192,815,000, of
which $129,760,000 is to remain available until September 30,
2022, and of which $63,055,000 is to remain available until
expended: Provided, That this total appropriation shall be
reduced by amounts collected by the Secretary of the Interior
and credited to this appropriation from additions to receipts
resulting from increases to lease rental rates in effect on
August 5, 1993, and from cost recovery fees from activities
conducted by the Bureau of Ocean Energy Management pursuant to
the Outer Continental Shelf Lands Act, including studies,
assessments, analysis, and miscellaneous administrative
activities: Provided further, That the sum herein appropriated
shall be reduced as such collections are received during the
fiscal year, so as to result in a final fiscal year 2021
appropriation estimated at not more than $129,760,000:
Provided further, That not to exceed $3,000 shall be available
for reasonable expenses related to promoting volunteer beach
and marine cleanup activities: Provided further, That of the
unobligated balances from amounts made available under this
heading, $2,000,000 is permanently rescinded: Provided
further, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
(including rescission of funds)
For expenses necessary for the regulation of operations
related to leases, easements, rights-of-way, and agreements for
use for oil and gas, other minerals, energy, and marine-related
purposes on the Outer Continental Shelf, as authorized by law;
for enforcing and implementing laws and regulations as
authorized by law and to the extent provided by Presidential or
Secretarial delegation; and for matching grants or cooperative
agreements, $150,812,000, of which $120,165,000 is to remain
available until September 30, 2022, and of which $30,647,000 is
to remain available until expended: Provided, That this total
appropriation shall be reduced by amounts collected by the
Secretary of the Interior and credited to this appropriation
from additions to receipts resulting from increases to lease
rental rates in effect on August 5, 1993, and from cost
recovery fees from activities conducted by the Bureau of Safety
and Environmental Enforcement pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis, and
miscellaneous administrative activities: Provided further,
That the sum herein appropriated shall be reduced as such
collections are received during the fiscal year, so as to
result in a final fiscal year 2021 appropriation estimated at
not more than $120,165,000: Provided further, That of the
unobligated balances from amounts made available under this
heading, $10,000,000 is permanently rescinded: Provided
further, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
For an additional amount, $43,000,000, to remain available
until expended, to be reduced by amounts collected by the
Secretary and credited to this appropriation, which shall be
derived from non-refundable inspection fees collected in fiscal
year 2021, as provided in this Act: Provided, That to the
extent that amounts realized from such inspection fees exceed
$43,000,000, the amounts realized in excess of $43,000,000
shall be credited to this appropriation and remain available
until expended: Provided further, That for fiscal year 2021,
not less than 50 percent of the inspection fees expended by the
Bureau of Safety and Environmental Enforcement will be used to
fund personnel and mission-related costs to expand capacity and
expedite the orderly development, subject to environmental
safeguards, of the Outer Continental Shelf pursuant to the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.),
including the review of applications for permits to drill.
oil spill research
For necessary expenses to carry out title I, section 1016;
title IV, sections 4202 and 4303; title VII; and title VIII,
section 8201 of the Oil Pollution Act of 1990, $14,899,000,
which shall be derived from the Oil Spill Liability Trust Fund,
to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
(including rescission of funds)
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public Law
95-87, $117,768,000, to remain available until September 30,
2022, of which $68,590,000 shall be available for state and
tribal regulatory grants: Provided, That appropriations for
the Office of Surface Mining Reclamation and Enforcement may
provide for the travel and per diem expenses of State and
tribal personnel attending Office of Surface Mining Reclamation
and Enforcement sponsored training: Provided further, That of
the unobligated balances from amounts made available under this
heading, $25,000,000 is permanently rescinded: Provided
further, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
In addition, for costs to review, administer, and enforce
permits issued by the Office pursuant to section 507 of Public
Law 95-87 (30 U.S.C. 1257), $40,000, to remain available until
expended: Provided, That fees assessed and collected by the
Office pursuant to such section 507 shall be credited to this
account as discretionary offsetting collections, to remain
available until expended: Provided further, That the sum
herein appropriated from the general fund shall be reduced as
collections are received during the fiscal year, so as to
result in a fiscal year 2021 appropriation estimated at not
more than $117,768,000.
abandoned mine reclamation fund
(including rescission of funds)
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$24,831,000, to be derived from receipts of the Abandoned Mine
Reclamation Fund and to remain available until expended:
Provided, That pursuant to Public Law 97-365, the Department of
the Interior is authorized to use up to 20 percent from the
recovery of the delinquent debt owed to the United States
Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of
Public Law 95-87 may be used for any required non-Federal share
of the cost of projects funded by the Federal Government for
the purpose of environmental restoration related to treatment
or abatement of acid mine drainage from abandoned mines:
Provided further, That such projects must be consistent with
the purposes and priorities of the Surface Mining Control and
Reclamation Act: Provided further, That amounts provided under
this heading may be used for the travel and per diem expenses
of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
In addition, $115,000,000, to remain available until
expended, for grants to States and federally recognized Indian
Tribes for reclamation of abandoned mine lands and other
related activities in accordance with the terms and conditions
described in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act):
Provided, That such additional amount shall be used for
economic and community development in conjunction with the
priorities in section 403(a) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided further,
That of such additional amount, $75,000,000 shall be
distributed in equal amounts to the three Appalachian States
with the greatest amount of unfunded needs to meet the
priorities described in paragraphs (1) and (2) of such section,
$30,000,000 shall be distributed in equal amounts to the three
Appalachian States with the subsequent greatest amount of
unfunded needs to meet such priorities, and $10,000,000 shall
be for grants to federally recognized Indian Tribes without
regard to their status as certified or uncertified under the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1233(a)), for reclamation of abandoned mine lands and other
related activities in accordance with the terms and conditions
described in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act)
and shall be used for economic and community development in
conjunction with the priorities in section 403(a) of the
Surface Mining Control and Reclamation Act of 1977: Provided
further, That such additional amount shall be allocated to
States and Indian Tribes within 60 days after the date of
enactment of this Act.
Of the unobligated balances from amounts made available under
this heading in fiscal year 2016 or before, $10,000,000 is
permanently rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress as
an emergency requirement pursuant to the Concurrent Resolution
on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
Indian Affairs
Bureau of Indian Affairs
operation of indian programs
(including transfers of funds)
For expenses necessary for the operation of Indian programs,
as authorized by law, including the Snyder Act of November 2,
1921 (25 U.S.C. 13) and the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.),
$1,616,532,000, to remain available until September 30, 2022,
except as otherwise provided herein; of which not to exceed
$8,500 may be for official reception and representation
expenses; of which not to exceed $78,000,000 shall be for
welfare assistance payments: Provided, That in cases of
designated Federal disasters, the Secretary of the Interior may
exceed such cap for welfare payments from the amounts provided
herein, to provide for disaster relief to Indian communities
affected by the disaster: Provided further, That federally
recognized Indian tribes and tribal organizations of federally
recognized Indian tribes may use their tribal priority
allocations for unmet welfare assistance costs: Provided
further, That not to exceed $58,492,000 shall remain available
until expended for housing improvement, road maintenance,
attorney fees, litigation support, land records improvement,
and the Navajo-Hopi Settlement Program: Provided further, That
any forestry funds allocated to a federally recognized tribe
which remain unobligated as of September 30, 2022, may be
transferred during fiscal year 2023 to an Indian forest land
assistance account established for the benefit of the holder of
the funds within the holder's trust fund account: Provided
further, That any such unobligated balances not so transferred
shall expire on September 30, 2023: Provided further, That in
order to enhance the safety of Bureau field employees, the
Bureau may use funds to purchase uniforms or other identifying
articles of clothing for personnel: Provided further, That the
Bureau of Indian Affairs may accept transfers of funds from
United States Customs and Border Protection to supplement any
other funding available for reconstruction or repair of roads
owned by the Bureau of Indian Affairs as identified on the
National Tribal Transportation Facility Inventory, 23 U.S.C.
202(b)(1): Provided further, That $1,000,000 made available
for Assistant Secretary Support shall not be available for
obligation until the Assistant Secretary-Indian Affairs
provides the reports requested by the Committees on
Appropriations of the House of Representatives and the Senate
related to the Tiwahe Initiative.
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and
Education Assistance Act agreements with the Bureau of Indian
Affairs and the Bureau of Indian Education for fiscal year
2021, such sums as may be necessary, which shall be available
for obligation through September 30, 2022: Provided, That
notwithstanding any other provision of law, no amounts made
available under this heading shall be available for transfer to
another budget account.
payments for tribal leases
For payments to tribes and tribal organizations for leases
pursuant to section 105(l) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5324(l)) for fiscal year
2021, such sums as may be necessary, which shall be available
for obligation through September 30, 2022: Provided, That
notwithstanding any other provision of law, no amounts made
available under this heading shall be available for transfer to
another budget account.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and
preparation of lands for farming, and for construction of the
Navajo Indian Irrigation Project pursuant to Public Law 87-483;
$128,818,000, to remain available until expended: Provided,
That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the
Bureau of Reclamation: Provided further, That any funds
provided for the Safety of Dams program pursuant to the Act of
November 2, 1921 (25 U.S.C. 13), shall be made available on a
nonreimbursable basis: Provided further, That this
appropriation may be reimbursed from the Office of the Special
Trustee for American Indians appropriation for the appropriate
share of construction costs for space expansion needed in
agency offices to meet trust reform implementation: Provided
further, That of the funds made available under this heading,
$10,000,000 shall be derived from the Indian Irrigation Fund
established by section 3211 of the WIIN Act (Public Law 114-
322; 130 Stat. 1749).
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements
pursuant to Public Laws 99-264 and 114-322, and for
implementation of other land and water rights settlements,
$45,644,000, to remain available until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans,
$11,797,000, of which $1,593,000 is for administrative
expenses, as authorized by the Indian Financing Act of 1974:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are
available to subsidize total loan principal, any part of which
is to be guaranteed or insured, not to exceed $82,886,197.
Bureau of Indian Education
operation of indian education programs
For expenses necessary for the operation of Indian education
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-Determination
and Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.),
the Education Amendments of 1978 (25 U.S.C. 2001-2019), and the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et
seq.), $973,092,000, to remain available until September 30,
2022, except as otherwise provided herein: Provided, That
federally recognized Indian tribes and tribal organizations of
federally recognized Indian tribes may use their tribal
priority allocations for unmet welfare assistance costs:
Provided further, That not to exceed $728,820,000 for school
operations costs of Bureau-funded schools and other education
programs shall become available on July 1, 2021, and shall
remain available until September 30, 2022: Provided further,
That notwithstanding any other provision of law, including but
not limited to the Indian Self-Determination Act of 1975 (25
U.S.C. 5301 et seq.) and section 1128 of the Education
Amendments of 1978 (25 U.S.C. 2008), not to exceed $86,884,000
within and only from such amounts made available for school
operations shall be available for administrative cost grants
associated with grants approved prior to July 1, 2021:
Provided further, That in order to enhance the safety of Bureau
field employees, the Bureau may use funds to purchase uniforms
or other identifying articles of clothing for personnel.
education construction
For construction, repair, improvement, and maintenance of
buildings, utilities, and other facilities necessary for the
operation of Indian education programs, including architectural
and engineering services by contract; acquisition of lands, and
interests in lands; $264,277,000 to remain available until
expended: Provided, That in order to ensure timely completion
of construction projects, the Secretary of the Interior may
assume control of a project and all funds related to the
project, if, not later than 18 months after the date of the
enactment of this Act, any Public Law 100-297 (25 U.S.C. 2501,
et seq.) grantee receiving funds appropriated in this Act or in
any prior Act, has not completed the planning and design phase
of the project and commenced construction.
administrative provisions
The Bureau of Indian Affairs and the Bureau of Indian
Education may carry out the operation of Indian programs by
direct expenditure, contracts, cooperative agreements,
compacts, and grants, either directly or in cooperation with
States and other organizations.
Notwithstanding Public Law 87-279 (25 U.S.C. 15), the Bureau
of Indian Affairs may contract for services in support of the
management, operation, and maintenance of the Power Division of
the San Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs or the Bureau of
Indian Education for central office oversight and Executive
Direction and Administrative Services (except Executive
Direction and Administrative Services funding for Tribal
Priority Allocations, regional offices, and facilities
operations and maintenance) shall be available for contracts,
grants, compacts, or cooperative agreements with the Bureau of
Indian Affairs or the Bureau of Indian Education under the
provisions of the Indian Self-Determination Act or the Tribal
Self-Governance Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made available
by this Act to the Bureau of Indian Affairs or the Bureau of
Indian Education, this action shall not diminish the Federal
Government's trust responsibility to that tribe, or the
government-to-government relationship between the United States
and that tribe, or that tribe's ability to access future
appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Education, other than the
amounts provided herein for assistance to public schools under
25 U.S.C. 452 et seq., shall be available to support the
operation of any elementary or secondary school in the State of
Alaska.
No funds available to the Bureau of Indian Education shall be
used to support expanded grades for any school or dormitory
beyond the grade structure in place or approved by the
Secretary of the Interior at each school in the Bureau of
Indian Education school system as of October 1, 1995, except
that the Secretary of the Interior may waive this prohibition
to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support
accomplishment of the mission of the Bureau of Indian
Education, or more than one grade to expand the elementary
grade structure for Bureau-funded schools with a K-2 grade
structure on October 1, 1996. Appropriations made available in
this or any prior Act for schools funded by the Bureau shall be
available, in accordance with the Bureau's funding formula,
only to the schools in the Bureau school system as of September
1, 1996, and to any school or school program that was
reinstated in fiscal year 2012. Funds made available under this
Act may not be used to establish a charter school at a Bureau-
funded school (as that term is defined in section 1141 of the
Education Amendments of 1978 (25 U.S.C. 2021)), except that a
charter school that is in existence on the date of the
enactment of this Act and that has operated at a Bureau-funded
school before September 1, 1999, may continue to operate during
that period, but only if the charter school pays to the Bureau
a pro rata share of funds to reimburse the Bureau for the use
of the real and personal property (including buses and vans),
the funds of the charter school are kept separate and apart
from Bureau funds, and the Bureau does not assume any
obligation for charter school programs of the State in which
the school is located if the charter school loses such funding.
Employees of Bureau-funded schools sharing a campus with a
charter school and performing functions related to the charter
school's operation and employees of a charter school shall not
be treated as Federal employees for purposes of chapter 171 of
title 28, United States Code.
Notwithstanding any other provision of law, including section
113 of title I of appendix C of Public Law 106-113, if in
fiscal year 2003 or 2004 a grantee received indirect and
administrative costs pursuant to a distribution formula based
on section 5(f) of Public Law 101-301, the Secretary shall
continue to distribute indirect and administrative cost funds
to such grantee using the section 5(f) distribution formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as
of September 1, 1996, except that the Secretary may waive this
prohibition in order for an Indian tribe to provide language
and cultural immersion educational programs for non-public
schools located within the jurisdictional area of the tribal
government which exclusively serve tribal members, do not
include grades beyond those currently served at the existing
Bureau-funded school, provide an educational environment with
educator presence and academic facilities comparable to the
Bureau-funded school, comply with all applicable Tribal,
Federal, or State health and safety standards, and the
Americans with Disabilities Act, and demonstrate the benefits
of establishing operations at a satellite location in lieu of
incurring extraordinary costs, such as for transportation or
other impacts to students such as those caused by busing
students extended distances: Provided, That no funds available
under this Act may be used to fund operations, maintenance,
rehabilitation, construction, or other facilities-related costs
for such assets that are not owned by the Bureau: Provided
further, That the term ``satellite school'' means a school
location physically separated from the existing Bureau school
by more than 50 miles but that forms part of the existing
school in all other respects.
Funds made available for Tribal Priority Allocations within
Operation of Indian Programs and Operation of Indian Education
Programs may be used to execute requested adjustments in tribal
priority allocations initiated by an Indian Tribe.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $108,399,000, to remain available until expended, of
which not to exceed $17,911,000 from this or any other Act, may
be available for historical accounting: Provided, That funds
for trust management improvements and litigation support may,
as needed, be transferred to or merged with the Bureau of
Indian Affairs, ``Operation of Indian Programs'' and Bureau of
Indian Education, ``Operation of Indian Education Programs''
accounts; the Office of the Solicitor, ``Salaries and
Expenses'' account; and the Office of the Secretary,
``Departmental Operations'' account: Provided further, That
funds made available through contracts or grants obligated
during fiscal year 2021, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall
remain available until expended by the contractor or grantee:
Provided further, That notwithstanding any other provision of
law, the Secretary shall not be required to provide a quarterly
statement of performance for any Indian trust account that has
not had activity for at least 15 months and has a balance of
$15 or less: Provided further, That the Secretary shall issue
an annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to
be withdrawn upon the express written request of the account
holder: Provided further, That not to exceed $50,000 is
available for the Secretary to make payments to correct
administrative errors of either disbursements from or deposits
to Individual Indian Money or Tribal accounts after September
30, 2002: Provided further, That erroneous payments that are
recovered shall be credited to and remain available in this
account for this purpose: Provided further, That the Secretary
shall not be required to reconcile Special Deposit Accounts
with a balance of less than $500 unless the Office of the
Special Trustee receives proof of ownership from a Special
Deposit Accounts claimant: Provided further, That
notwithstanding section 102 of the American Indian Trust Fund
Management Reform Act of 1994 (Public Law 103-412) or any other
provision of law, the Secretary may aggregate the trust
accounts of individuals whose whereabouts are unknown for a
continuous period of at least 5 years and shall not be required
to generate periodic statements of performance for the
individual accounts: Provided further, That with respect to
the eighth proviso, the Secretary shall continue to maintain
sufficient records to determine the balance of the individual
accounts, including any accrued interest and income, and such
funds shall remain available to the individual account holders.
Departmental Offices
Office of the Secretary
departmental operations
(including transfer and rescission of funds)
For necessary expenses for management of the Department of
the Interior and for grants and cooperative agreements, as
authorized by law, $120,608,000, to remain available until
September 30, 2022; of which no less than $1,860,000 shall be
to assist the Department with its compliance responsibilities
under 5 U.S.C. 552; of which not to exceed $15,000 may be for
official reception and representation expenses; of which up to
$1,000,000 shall be available for workers compensation payments
and unemployment compensation payments associated with the
orderly closure of the United States Bureau of Mines; and of
which $11,204,000 for Indian land, mineral, and resource
valuation activities shall remain available until expended:
Provided, That funds for Indian land, mineral, and resource
valuation activities may, as needed, be transferred to and
merged with the Bureau of Indian Affairs ``Operation of Indian
Programs'' and Bureau of Indian Education ``Operation of Indian
Education Programs'' accounts and the Office of the Special
Trustee ``Federal Trust Programs'' account: Provided further,
That funds made available through contracts or grants obligated
during fiscal year 2021, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall
remain available until expended by the contractor or grantee.
Of the unobligated balances from amounts made available under
this heading in fiscal year 2016 or before, $17,398,000 is
permanently rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress as
an emergency requirement pursuant to the Concurrent Resolution
on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
administrative provisions
For fiscal year 2021, up to $400,000 of the payments
authorized by chapter 69 of title 31, United States Code, may
be retained for administrative expenses of the Payments in Lieu
of Taxes Program: Provided, That the amounts provided under
this Act specifically for the Payments in Lieu of Taxes program
are the only amounts available for payments authorized under
chapter 69 of title 31, United States Code: Provided further,
That in the event the sums appropriated for any fiscal year for
payments pursuant to this chapter are insufficient to make the
full payments authorized by that chapter to all units of local
government, then the payment to each local government shall be
made proportionally: Provided further, That the Secretary may
make adjustments to payment to individual units of local
government to correct for prior overpayments or underpayments:
Provided further, That no payment shall be made pursuant to
that chapter to otherwise eligible units of local government if
the computed amount of the payment is less than $100.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior and other
jurisdictions identified in section 104(e) of Public Law 108-
188, $106,693,000, of which: (1) $97,140,000 shall remain
available until expended for territorial assistance, including
general technical assistance, maintenance assistance, disaster
assistance, coral reef initiative and natural resources
activities, and brown tree snake control and research; grants
to the judiciary in American Samoa for compensation and
expenses, as authorized by law (48 U.S.C. 1661(c)); grants to
the Government of American Samoa, in addition to current local
revenues, for construction and support of governmental
functions; grants to the Government of the Virgin Islands, as
authorized by law; grants to the Government of Guam, as
authorized by law; and grants to the Government of the Northern
Mariana Islands, as authorized by law (Public Law 94-241; 90
Stat. 272); and (2) $9,553,000 shall be available until
September 30, 2022, for salaries and expenses of the Office of
Insular Affairs: Provided, That all financial transactions of
the territorial and local governments herein provided for,
including such transactions of all agencies or
instrumentalities established or used by such governments, may
be audited by the Government Accountability Office, at its
discretion, in accordance with chapter 35 of title 31, United
States Code: Provided further, That Northern Mariana Islands
Covenant grant funding shall be provided according to those
terms of the Agreement of the Special Representatives on Future
United States Financial Assistance for the Northern Mariana
Islands approved by Public Law 104-134: Provided further, That
the funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine
operations and maintenance improvement of capital
infrastructure with territorial participation and cost sharing
to be determined by the Secretary based on the grantee's
commitment to timely maintenance of its capital assets:
Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous
appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant
to section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $8,463,000, to remain
available until expended, as provided for in sections 221(a)(2)
and 233 of the Compact of Free Association for the Republic of
Palau; and section 221(a)(2) of the Compacts of Free
Association for the Government of the Republic of the Marshall
Islands and the Federated States of Micronesia, as authorized
by Public Law 99-658 and Public Law 108-188: Provided, That of
the funds appropriated under this heading, $5,000,000 is for
deposit into the Compact Trust Fund of the Republic of the
Marshall Islands as compensation authorized by Public Law 108-
188 for adverse financial and economic impacts.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may
transfer discretionary funds or mandatory funds provided under
section 104(e) of Public Law 108-188 and Public Law 104-134,
that are allocated for Guam, to the Secretary of Agriculture
for the subsidy cost of direct or guaranteed loans, plus not to
exceed three percent of the amount of the subsidy transferred
for the cost of loan administration, for the purposes
authorized by the Rural Electrification Act of 1936 and section
306(a)(1) of the Consolidated Farm and Rural Development Act
for construction and repair projects in Guam, and such funds
shall remain available until expended: Provided, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such loans or loan guarantees may be
made without regard to the population of the area, credit
elsewhere requirements, and restrictions on the types of
eligible entities under the Rural Electrification Act of 1936
and section 306(a)(1) of the Consolidated Farm and Rural
Development Act: Provided further, That any funds transferred
to the Secretary of Agriculture shall be in addition to funds
otherwise made available to make or guarantee loans under such
authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor,
$86,813,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$58,552,000, to remain available until September 30, 2022.
Department-Wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire
suppression operations, fire science and research, emergency
rehabilitation, fuels management activities, and rural fire
assistance by the Department of the Interior, $992,623,000, to
remain available until expended, of which not to exceed
$18,427,000 shall be for the renovation or construction of fire
facilities: Provided, That such funds are also available for
repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes:
Provided further, That of the funds provided $219,964,000 is
for fuels management activities: Provided further, That of the
funds provided $20,470,000 is for burned area rehabilitation:
Provided further, That persons hired pursuant to 43 U.S.C. 1469
may be furnished subsistence and lodging without cost from
funds available from this appropriation: Provided further,
That notwithstanding 42 U.S.C. 1856d, sums received by a bureau
or office of the Department of the Interior for fire protection
rendered pursuant to 42 U.S.C. 1856 et seq., protection of
United States property, may be credited to the appropriation
from which funds were expended to provide that protection, and
are available without fiscal year limitation: Provided
further, That using the amounts designated under this title of
this Act, the Secretary of the Interior may enter into
procurement contracts, grants, or cooperative agreements, for
fuels management activities, and for training and monitoring
associated with such fuels management activities on Federal
land, or on adjacent non-Federal land for activities that
benefit resources on Federal land: Provided further, That the
costs of implementing any cooperative agreement between the
Federal Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided further,
That notwithstanding requirements of the Competition in
Contracting Act, the Secretary, for purposes of fuels
management activities, may obtain maximum practicable
competition among: (1) local private, nonprofit, or cooperative
entities; (2) Youth Conservation Corps crews, Public Lands
Corps (Public Law 109-154), or related partnerships with State,
local, or nonprofit youth groups; (3) small or micro-
businesses; or (4) other entities that will hire or train
locally a significant percentage, defined as 50 percent or
more, of the project workforce to complete such contracts:
Provided further, That in implementing this section, the
Secretary shall develop written guidance to field units to
ensure accountability and consistent application of the
authorities provided herein: Provided further, That funds
appropriated under this heading may be used to reimburse the
United States Fish and Wildlife Service and the National Marine
Fisheries Service for the costs of carrying out their
responsibilities under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) to consult and conference, as required by
section 7 of such Act, in connection with wildland fire
management activities: Provided further, That the Secretary of
the Interior may use wildland fire appropriations to enter into
leases of real property with local governments, at or below
fair market value, to construct capitalized improvements for
fire facilities on such leased properties, including but not
limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make advance
payments for any such lease or for construction activity
associated with the lease: Provided further, That the
Secretary of the Interior and the Secretary of Agriculture may
authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $50,000,000
between the Departments when such transfers would facilitate
and expedite wildland fire management programs and projects:
Provided further, That funds provided for wildfire suppression
shall be available for support of Federal emergency response
actions: Provided further, That funds appropriated under this
heading shall be available for assistance to or through the
Department of State in connection with forest and rangeland
research, technical information, and assistance in foreign
countries, and, with the concurrence of the Secretary of State,
shall be available to support forestry, wildland fire
management, and related natural resource activities outside the
United States and its territories and possessions, including
technical assistance, education and training, and cooperation
with United States and international organizations: Provided
further, That of the funds provided under this heading
$383,657,000 is provided to meet the terms of section
251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading
``Department of the Interior--Department-Wide Programs--
Wildland Fire Management'' for wildfire suppression operations,
$310,000,000, to remain available until transferred, is
additional new budget authority as specified for purposes of
section 251(b)(2)(F) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided, That such amounts may
be transferred to and merged with amounts made available under
the headings ``Department of Agriculture--Forest Service--
Wildland Fire Management'' and ``Department of the Interior--
Department-Wide Programs--Wildland Fire Management'' for
wildfire suppression operations in the fiscal year in which
such amounts are transferred: Provided further, That amounts
may be transferred to the ``Wildland Fire Management'' accounts
in the Department of Agriculture or the Department of the
Interior only upon the notification of the House and Senate
Committees on Appropriations that all wildfire suppression
operations funds appropriated under that heading in this and
prior appropriations Acts to the agency to which the funds will
be transferred will be obligated within 30 days: Provided
further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
by law: Provided further, That, in determining whether all
wildfire suppression operations funds appropriated under the
heading ``Wildland Fire Management'' in this and prior
appropriations Acts to either the Department of Agriculture or
the Department of the Interior will be obligated within 30 days
pursuant to the previous proviso, any funds transferred or
permitted to be transferred pursuant to any other transfer
authority provided by law shall be excluded.
central hazardous materials fund
For necessary expenses of the Department of the Interior and
any of its component offices and bureaus for the response
action, including associated activities, performed pursuant to
the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.), $10,010,000, to remain
available until expended.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the
Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.),
the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54
U.S.C. 100721 et seq., $7,767,000, to remain available until
expended.
working capital fund
For the operation and maintenance of a departmental financial
and business management system, information technology
improvements of general benefit to the Department,
cybersecurity, and the consolidation of facilities and
operations throughout the Department, $60,735,000, to remain
available until expended: Provided, That none of the funds
appropriated in this Act or any other Act may be used to
establish reserves in the Working Capital Fund account other
than for accrued annual leave and depreciation of equipment
without prior approval of the Committees on Appropriations of
the House of Representatives and the Senate: Provided further,
That the Secretary of the Interior may assess reasonable
charges to State, local, and tribal government employees for
training services provided by the National Indian Program
Training Center, other than training related to Public Law 93-
638: Provided further, That the Secretary may lease or
otherwise provide space and related facilities, equipment, or
professional services of the National Indian Program Training
Center to State, local and tribal government employees or
persons or organizations engaged in cultural, educational, or
recreational activities (as defined in section 3306(a) of title
40, United States Code) at the prevailing rate for similar
space, facilities, equipment, or services in the vicinity of
the National Indian Program Training Center: Provided further,
That all funds received pursuant to the two preceding provisos
shall be credited to this account, shall be available until
expended, and shall be used by the Secretary for necessary
expenses of the National Indian Program Training Center:
Provided further, That the Secretary may enter into grants and
cooperative agreements to support the Office of Natural
Resource Revenue's collection and disbursement of royalties,
fees, and other mineral revenue proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, aircraft which may
be obtained by donation, purchase, or through available excess
surplus property: Provided, That existing aircraft being
replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft.
office of natural resources revenue
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue
proceeds, and for grants and cooperative agreements, as
authorized by law, $148,474,000, to remain available until
September 30, 2022; of which $50,651,000 shall remain available
until expended for the purpose of mineral revenue management
activities: Provided, That notwithstanding any other provision
of law, $15,000 shall be available for refunds of overpayments
in connection with certain Indian leases in which the Secretary
of the Interior concurred with the claimed refund due, to pay
amounts owed to Indian allottees or tribes, or to correct prior
unrecoverable erroneous payments.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary of the Interior,
for the emergency reconstruction, replacement, or repair of
aircraft, buildings, utilities, or other facilities or
equipment damaged or destroyed by fire, flood, storm, or other
unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made
available to the Department of the Interior for emergencies
shall have been exhausted: Provided further, That all funds
used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as promptly
as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary of the Interior may authorize the
expenditure or transfer of any no year appropriation in this
title, in addition to the amounts included in the budget
programs of the several agencies, for the suppression or
emergency prevention of wildland fires on or threatening lands
under the jurisdiction of the Department of the Interior; for
the emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills or releases
of hazardous substances into the environment; for the
prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in
section 417(b) of Public Law 106-224 (7 U.S.C. 7717(b)); for
emergency reclamation projects under section 410 of Public Law
95-87; and shall transfer, from any no year funds available to
the Office of Surface Mining Reclamation and Enforcement, such
funds as may be necessary to permit assumption of regulatory
authority in the event a primacy State is not carrying out the
regulatory provisions of the Surface Mining Act: Provided,
That appropriations made in this title for wildland fire
operations shall be available for the payment of obligations
incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of
vehicles, aircraft, or other equipment in connection with their
use for wildland fire operations, with such reimbursement to be
credited to appropriations currently available at the time of
receipt thereof: Provided further, That for wildland fire
operations, no funds shall be made available under this
authority until the Secretary determines that funds
appropriated for ``wildland fire suppression'' shall be
exhausted within 30 days: Provided further, That all funds
used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as promptly
as possible: Provided further, That such replenishment funds
shall be used to reimburse, on a pro rata basis, accounts from
which emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by section 3109 of title 5, United States Code, when
authorized by the Secretary of the Interior, in total amount
not to exceed $500,000; purchase and replacement of motor
vehicles, including specially equipped law enforcement
vehicles; hire, maintenance, and operation of aircraft; hire of
passenger motor vehicles; purchase of reprints; payment for
telephone service in private residences in the field, when
authorized under regulations approved by the Secretary; and the
payment of dues, when authorized by the Secretary, for library
membership in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Bureau of Indian Education, and
Office of the Special Trustee for American Indians and any
unobligated balances from prior appropriations Acts made under
the same headings shall be available for expenditure or
transfer for Indian trust management and reform activities.
Total funding for historical accounting activities shall not
exceed amounts specifically designated in this Act for such
purpose. The Secretary shall notify the House and Senate
Committees on Appropriations within 60 days of the expenditure
or transfer of any funds under this section, including the
amount expended or transferred and how the funds will be used.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base funds,
to alleviate tribal funding inequities by transferring funds to
address identified, unmet needs, dual enrollment, overlapping
service areas or inaccurate distribution methodologies. No
tribe shall receive a reduction in Tribal Priority Allocation
funds of more than 10 percent in fiscal year 2021. Under
circumstances of dual enrollment, overlapping service areas or
inaccurate distribution methodologies, the 10 percent
limitation does not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands,
waters, or interests therein, including the use of all or part
of any pier, dock, or landing within the State of New York and
the State of New Jersey, for the purpose of operating and
maintaining facilities in the support of transportation and
accommodation of visitors to Ellis, Governors, and Liberty
Islands, and of other program and administrative activities, by
donation or with appropriated funds, including franchise fees
(and other monetary consideration), or by exchange; and the
Secretary is authorized to negotiate and enter into leases,
subleases, concession contracts, or other agreements for the
use of such facilities on such terms and conditions as the
Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2021, the Secretary of the
Interior shall collect a nonrefundable inspection fee, which
shall be deposited in the ``Offshore Safety and Environmental
Enforcement'' account, from the designated operator for
facilities subject to inspection under 43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are
above the waterline, excluding drilling rigs, and are in place
at the start of the fiscal year. Fees for fiscal year 2021
shall be--
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with
any combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells,
with any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all
inspections completed in fiscal year 2021. Fees for fiscal year
2021 shall be--
(1) $30,500 per inspection for rigs operating in
water depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in
water depths of less than 500 feet.
(d) Fees for inspection of well operations conducted via non-
rig units as outlined in title 30 CFR 250 subparts D, E, F, and
Q shall be assessed for all inspections completed in fiscal
year 2021. Fees for fiscal year 2021 shall be--
(1) $13,260 per inspection for non-rig units
operating in water depths of 2,500 feet or more;
(2) $11,530 per inspection for non-rig units
operating in water depths between 500 and 2,499 feet;
and
(3) $4,470 per inspection for non-rig units operating
in water depths of less than 500 feet.
(e) The Secretary shall bill designated operators under
subsection (b) quarterly, with payment required within 30 days
of billing. The Secretary shall bill designated operators under
subsection (c) within 30 days of the end of the month in which
the inspection occurred, with payment required within 30 days
of billing. The Secretary shall bill designated operators under
subsection (d) with payment required by the end of the
following quarter.
contracts and agreements for wild horse and burro holding facilities
Sec. 108. Notwithstanding any other provision of this Act,
the Secretary of the Interior may enter into multiyear
cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts in
accordance with the provisions of section 3903 of title 41,
United States Code (except that the 5-year term restriction in
subsection (a) shall not apply), for the long-term care and
maintenance of excess wild free roaming horses and burros by
such organizations or entities on private land. Such
cooperative agreements and contracts may not exceed 10 years,
subject to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 109. The United States Fish and Wildlife Service shall,
in carrying out its responsibilities to protect threatened and
endangered species of salmon, implement a system of mass
marking of salmonid stocks, intended for harvest, that are
released from federally operated or federally financed
hatcheries including but not limited to fish releases of coho,
chinook, and steelhead species. Marked fish must have a visible
mark that can be readily identified by commercial and
recreational fishers.
contracts and agreements with indian affairs
Sec. 110. Notwithstanding any other provision of law, during
fiscal year 2021, in carrying out work involving cooperation
with State, local, and tribal governments or any political
subdivision thereof, Indian Affairs may record obligations
against accounts receivable from any such entities, except that
total obligations at the end of the fiscal year shall not
exceed total budgetary resources available at the end of the
fiscal year.
department of the interior experienced services program
Sec. 111. (a) Notwithstanding any other provision of law
relating to Federal grants and cooperative agreements, the
Secretary of the Interior is authorized to make grants to, or
enter into cooperative agreements with, private nonprofit
organizations designated by the Secretary of Labor under title
V of the Older Americans Act of 1965 to utilize the talents of
older Americans in programs authorized by other provisions of
law administered by the Secretary and consistent with such
provisions of law.
(b) Prior to awarding any grant or agreement under subsection
(a), the Secretary shall ensure that the agreement would not--
(1) result in the displacement of individuals
currently employed by the Department, including partial
displacement through reduction of non-overtime hours,
wages, or employment benefits;
(2) result in the use of an individual under the
Department of the Interior Experienced Services Program
for a job or function in a case in which a Federal
employee is in a layoff status from the same or
substantially equivalent job within the Department; or
(3) affect existing contracts for services.
obligation of funds
Sec. 112. Amounts appropriated by this Act to the Department
of the Interior shall be available for obligation and
expenditure not later than 60 days after the date of enactment
of this Act.
extension of authorities
Sec. 113. (a) Section 708(a) of division II of Public Law
104-333, as amended by Public Law 110-229 section 461, is
further amended by striking `` $15,000,000'' and inserting ``
$17,000,000''.
(b) Section 109(a) of title I of Public Law 106-278 is
amended by striking `` $10,000,000'' and inserting ``
$12,000,000''.
separation of accounts
Sec. 114. The Secretary of the Interior, in order to
implement an orderly transition to separate accounts of the
Bureau of Indian Affairs and the Bureau of Indian Education,
may transfer funds among and between the successor offices and
bureaus affected by the reorganization only in conformance with
the reprogramming guidelines described in this Act.
payments in lieu of taxes (pilt)
Sec. 115. Section 6906 of title 31, United States Code,
shall be applied by substituting ``fiscal year 2021'' for
``fiscal year 2019''.
sage-grouse
Sec. 116. None of the funds made available by this or any
other Act may be used by the Secretary of the Interior to write
or issue pursuant to section 4 of the Endangered Species Act of
1973 (16 U.S.C. 1533)--
(1) a proposed rule for greater sage-grouse
(Centrocercus urophasianus);
(2) a proposed rule for the Columbia basin distinct
population segment of greater sage-grouse.
disclosure of departure or alternate procedure approval
Sec. 117. (a) Subject to subsection (b), beginning no later
than 180 days after the enactment of this Act, in any case in
which the Bureau of Safety and Environmental Enforcement or the
Bureau of Ocean Energy Management prescribes or approves any
departure or use of alternate procedure or equipment, in
regards to a plan or permit, under 30 CFR 585.103, 30 CFR
550.141; 30 CFR 550.142; 30 CFR 250.141, or 30 CFR 250.142, the
head of such bureau shall post a description of such departure
or alternate procedure or equipment use approval on such
bureau's publicly available website not more than 15 business
days after such issuance.
(b) The head of each bureau may exclude confidential business
information.
medical services fund
Sec. 118. Beginning in fiscal year 2022 and for each fiscal
year thereafter, fees collected pursuant to section 2404 of
Public Law 116-9 shall be deposited into the National Park
Medical Services Fund established pursuant to such section of
such Act as discretionary offsetting receipts.
interagency motor pool
Sec. 119. Notwithstanding any other provision of law or
Federal regulation, federally recognized Indian tribes or
authorized tribal organizations that receive Tribally-
Controlled School Grants pursuant to Public Law 100-297 may
obtain interagency motor vehicles and related services for
performance of any activities carried out under such grants to
the same extent as if they were contracting under the Indian
Self-Determination and Education Assistance Act.
long bridge project
Sec. 120. (a) Authorization of Conveyance.--On request by the
State of Virginia or the District of Columbia for the purpose
of the construction of rail and other infrastructure relating
to the Long Bridge Project, the Secretary of the Interior may
convey to the State or the District of Columbia, as applicable,
all right, title, and interest of the United States in and to
any portion of the approximately 4.4 acres of National Park
Service land depicted as ``Permanent Impact to NPS Land'' on
the Map dated May 15, 2020, that is identified by the State or
the District of Columbia.
(b) Terms and Conditions.--Such conveyance of the National
Park Service land under subsection (a) shall be subject to any
terms and conditions that the Secretary may require. If such
conveyed land is no longer being used for the purposes
specified in this section, the lands or interests therein shall
revert to the National Park Service after they have been
restored or remediated to the satisfaction of the Secretary.
(c) Corrections.--The Secretary and the State or the District
of Columbia, as applicable, by mutual agreement, may--
(1) make minor boundary adjustments to the National
Park Service land to be conveyed to the State or the
District of Columbia under subsection (a); and
(2) correct any minor errors in the Map referred to
in subsection (a).
(d) Definitions.--For purposes of this section:
(1) Long bridge project.--The term ``Long Bridge
Project'' means the rail project, as identified by the
Federal Railroad Administration, from Rosslyn (RO)
Interlocking in Arlington, Virginia, to L'Enfant (LE)
Interlocking in Washington, DC, which includes a
bicycle and pedestrian bridge.
(2) Secretary.--The term ``Secretary'' means the
Secretary of the Interior, acting through the Director
of the National Park Service.
(3) State.--The term ``State'' means the State of
Virginia.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980; necessary
expenses for personnel and related costs and travel expenses;
procurement of laboratory equipment and supplies; hire,
maintenance, and operation of aircraft; and other operating
expenses in support of research and development, $729,329,000,
to remain available until September 30, 2022: Provided, That
of the funds included under this heading, $7,500,000 shall be
for Research: National Priorities as specified in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Environmental Programs and Management
For environmental programs and management, including
necessary expenses not otherwise provided for, for personnel
and related costs and travel expenses; hire of passenger motor
vehicles; hire, maintenance, and operation of aircraft;
purchase of reprints; library memberships in societies or
associations which issue publications to members only or at a
price to members lower than to subscribers who are not members;
administrative costs of the brownfields program under the Small
Business Liability Relief and Brownfields Revitalization Act of
2002; implementation of a coal combustion residual permit
program under section 2301 of the Water and Waste Act of 2016;
and not to exceed $19,000 for official reception and
representation expenses, $2,761,550,000, to remain available
until September 30, 2022: Provided, That of the funds included
under this heading, $21,700,000 shall be for Environmental
Protection: National Priorities as specified in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That
of the funds included under this heading, $541,972,000 shall be
for Geographic Programs specified in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
In addition, $5,000,000 to remain available until expended,
for necessary expenses of activities described in section
26(b)(1) of the Toxic Substances Control Act (15 U.S.C.
2625(b)(1)): Provided, That fees collected pursuant to that
section of that Act and deposited in the ``TSCA Service Fee
Fund'' as discretionary offsetting receipts in fiscal year 2021
shall be retained and used for necessary salaries and expenses
in this appropriation and shall remain available until
expended: Provided further, That the sum herein appropriated
in this paragraph from the general fund for fiscal year 2021
shall be reduced by the amount of discretionary offsetting
receipts received during fiscal year 2021, so as to result in a
final fiscal year 2021 appropriation from the general fund
estimated at not more than $0: Provided further, That to the
extent that amounts realized from such receipts exceed
$5,000,000, those amount in excess of $5,000,000 shall be
deposited in the ``TSCA Service Fee Fund'' as discretionary
offsetting receipts in fiscal year 2021, shall be retained and
used for necessary salaries and expenses in this account, and
shall remain available until expended: Provided further, That
of the funds included in the first paragraph under this
heading, the Chemical Risk Review and Reduction program project
shall be allocated for this fiscal year, excluding the amount
of any fees appropriated, not less than the amount of
appropriations for that program project for fiscal year 2014.
Hazardous Waste Electronic Manifest System Fund
For necessary expenses to carry out section 3024 of the Solid
Waste Disposal Act (42 U.S.C. 6939g), including the
development, operation, maintenance, and upgrading of the
hazardous waste electronic manifest system established by such
section, $8,000,000, to remain available until expended:
Provided, That the sum herein appropriated from the general
fund shall be reduced as offsetting collections under such
section 3024 are received during fiscal year 2021, which shall
remain available until expended and be used for necessary
expenses in this appropriation, so as to result in a final
fiscal year 2021 appropriation from the general fund estimated
at not more than $0: Provided further, That to the extent such
offsetting collections received in fiscal year 2021 exceed
$8,000,000, those excess amounts shall remain available until
expended and be used for necessary expenses in this
appropriation.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, $43,500,000, to remain available until September 30,
2022.
Buildings and Facilities
For construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of, or for use
by, the Environmental Protection Agency, $33,752,000, to remain
available until expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), including sections 111(c)(3), (c)(5), (c)(6), and
(e)(4) (42 U.S.C. 9611), and hire, maintenance, and operation
of aircraft, $1,205,811,000, to remain available until
expended, consisting of such sums as are available in the Trust
Fund on September 30, 2020, as authorized by section 517(a) of
the Superfund Amendments and Reauthorization Act of 1986 (SARA)
and up to $1,205,811,000 as a payment from general revenues to
the Hazardous Substance Superfund for purposes as authorized by
section 517(b) of SARA: Provided, That funds appropriated
under this heading may be allocated to other Federal agencies
in accordance with section 111(a) of CERCLA: Provided further,
That of the funds appropriated under this heading, $11,586,000
shall be paid to the ``Office of Inspector General''
appropriation to remain available until September 30, 2022, and
$30,755,000 shall be paid to the ``Science and Technology''
appropriation to remain available until September 30, 2022.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by subtitle I of the
Solid Waste Disposal Act, $92,203,000, to remain available
until expended, of which $66,834,000 shall be for carrying out
leaking underground storage tank cleanup activities authorized
by section 9003(h) of the Solid Waste Disposal Act; $25,369,000
shall be for carrying out the other provisions of the Solid
Waste Disposal Act specified in section 9508(c) of the Internal
Revenue Code: Provided, That the Administrator is authorized
to use appropriations made available under this heading to
implement section 9013 of the Solid Waste Disposal Act to
provide financial assistance to federally recognized Indian
tribes for the development and implementation of programs to
manage underground storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution
Act of 1990, including hire, maintenance, and operation of
aircraft, $20,098,000, to be derived from the Oil Spill
Liability trust fund, to remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $4,313,901,000, to remain
available until expended, of which--
(1) $1,638,826,000 shall be for making capitalization
grants for the Clean Water State Revolving Funds under
title VI of the Federal Water Pollution Control Act;
and of which $1,126,088,000 shall be for making
capitalization grants for the Drinking Water State
Revolving Funds under section 1452 of the Safe Drinking
Water Act: Provided, That for fiscal year 2021, to the
extent there are sufficient eligible project
applications and projects are consistent with State
Intended Use Plans, not less than 10 percent of the
funds made available under this title to each State for
Clean Water State Revolving Fund capitalization grants
shall be used by the State for projects to address
green infrastructure, water or energy efficiency
improvements, or other environmentally innovative
activities: Provided further, That for fiscal year
2021, funds made available under this title to each
State for Drinking Water State Revolving Fund
capitalization grants may, at the discretion of each
State, be used for projects to address green
infrastructure, water or energy efficiency
improvements, or other environmentally innovative
activities: Provided further, That notwithstanding
section 603(d)(7) of the Federal Water Pollution
Control Act, the limitation on the amounts in a State
water pollution control revolving fund that may be used
by a State to administer the fund shall not apply to
amounts included as principal in loans made by such
fund in fiscal year 2021 and prior years where such
amounts represent costs of administering the fund to
the extent that such amounts are or were deemed
reasonable by the Administrator, accounted for
separately from other assets in the fund, and used for
eligible purposes of the fund, including
administration: Provided further, That for fiscal year
2021, notwithstanding the provisions of subsections
(g)(1), (h), and (l) of section 201 of the Federal
Water Pollution Control Act, grants made under title II
of such Act for American Samoa, Guam, the Commonwealth
of the Northern Marianas, the United States Virgin
Islands, and the District of Columbia may also be made
for the purpose of providing assistance: (1) solely for
facility plans, design activities, or plans,
specifications, and estimates for any proposed project
for the construction of treatment works; and (2) for
the construction, repair, or replacement of privately
owned treatment works serving one or more principal
residences or small commercial establishments:
Provided further, That for fiscal year 2021,
notwithstanding the provisions of such subsections
(g)(1), (h), and (l) of section 201 and section 518(c)
of the Federal Water Pollution Control Act, funds
reserved by the Administrator for grants under section
518(c) of the Federal Water Pollution Control Act may
also be used to provide assistance: (1) solely for
facility plans, design activities, or plans,
specifications, and estimates for any proposed project
for the construction of treatment works; and (2) for
the construction, repair, or replacement of privately
owned treatment works serving one or more principal
residences or small commercial establishments:
Provided further, That for fiscal year 2021,
notwithstanding any provision of the Federal Water
Pollution Control Act and regulations issued pursuant
thereof, up to a total of $2,000,000 of the funds
reserved by the Administrator for grants under section
518(c) of such Act may also be used for grants for
training, technical assistance, and educational
programs relating to the operation and management of
the treatment works specified in section 518(c) of such
Act: Provided further, That for fiscal year 2021,
funds reserved under section 518(c) of such Act shall
be available for grants only to Indian tribes, as
defined in section 518(h) of such Act and former Indian
reservations in Oklahoma (as determined by the
Secretary of the Interior) and Native Villages as
defined in Public Law 92-203: Provided further, That
for fiscal year 2021, notwithstanding the limitation on
amounts in section 518(c) of the Federal Water
Pollution Control Act, up to a total of 2 percent of
the funds appropriated, or $30,000,000, whichever is
greater, and notwithstanding the limitation on amounts
in section 1452(i) of the Safe Drinking Water Act, up
to a total of 2 percent of the funds appropriated, or
$20,000,000, whichever is greater, for State Revolving
Funds under such Acts may be reserved by the
Administrator for grants under section 518(c) and
section 1452(i) of such Acts: Provided further, That
for fiscal year 2021, notwithstanding the amounts
specified in section 205(c) of the Federal Water
Pollution Control Act, up to 1.5 percent of the
aggregate funds appropriated for the Clean Water State
Revolving Fund program under the Act less any sums
reserved under section 518(c) of the Act, may be
reserved by the Administrator for grants made under
title II of the Federal Water Pollution Control Act for
American Samoa, Guam, the Commonwealth of the Northern
Marianas, and United States Virgin Islands: Provided
further, That for fiscal year 2021, notwithstanding the
limitations on amounts specified in section 1452(j) of
the Safe Drinking Water Act, up to 1.5 percent of the
funds appropriated for the Drinking Water State
Revolving Fund programs under the Safe Drinking Water
Act may be reserved by the Administrator for grants
made under section 1452(j) of the Safe Drinking Water
Act: Provided further, That 10 percent of the funds
made available under this title to each State for Clean
Water State Revolving Fund capitalization grants and 14
percent of the funds made available under this title to
each State for Drinking Water State Revolving Fund
capitalization grants shall be used by the State to
provide additional subsidy to eligible recipients in
the form of forgiveness of principal, negative interest
loans, or grants (or any combination of these), and
shall be so used by the State only where such funds are
provided as initial financing for an eligible recipient
or to buy, refinance, or restructure the debt
obligations of eligible recipients only where such debt
was incurred on or after the date of enactment of this
Act, or where such debt was incurred prior to the date
of enactment of this Act if the State, with concurrence
from the Administrator, determines that such funds
could be used to help address a threat to public health
from heightened exposure to lead in drinking water or
if a Federal or State emergency declaration has been
issued due to a threat to public health from heightened
exposure to lead in a municipal drinking water supply
before the date of enactment of this Act: Provided
further, That in a State in which such an emergency
declaration has been issued, the State may use more
than 14 percent of the funds made available under this
title to the State for Drinking Water State Revolving
Fund capitalization grants to provide additional
subsidy to eligible recipients;
(2) $30,000,000 shall be for architectural,
engineering, planning, design, construction and related
activities in connection with the construction of high
priority water and wastewater facilities in the area of
the United States-Mexico Border, after consultation
with the appropriate border commission: Provided, That
no funds provided by this appropriations Act to address
the water, wastewater and other critical infrastructure
needs of the colonias in the United States along the
United States-Mexico border shall be made available to
a county or municipal government unless that government
has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction
the development or construction of any additional
colonia areas, or the development within an existing
colonia the construction of any new home, business, or
other structure which lacks water, wastewater, or other
necessary infrastructure;
(3) $36,186,000 shall be for grants to the State of
Alaska to address drinking water and wastewater
infrastructure needs of rural and Alaska Native
Villages: Provided, That of these funds: (A) the State
of Alaska shall provide a match of 25 percent; (B) no
more than 5 percent of the funds may be used for
administrative and overhead expenses; and (C) the State
of Alaska shall make awards consistent with the
Statewide priority list established in conjunction with
the Agency and the U.S. Department of Agriculture for
all water, sewer, waste disposal, and similar projects
carried out by the State of Alaska that are funded
under section 221 of the Federal Water Pollution
Control Act (33 U.S.C. 1301) or the Consolidated Farm
and Rural Development Act (7 U.S.C. 1921 et seq.) which
shall allocate not less than 25 percent of the funds
provided for projects in regional hub communities;
(4) $90,982,000 shall be to carry out section 104(k)
of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA),
including grants, interagency agreements, and
associated program support costs: Provided, That at
least 10 percent shall be allocated for assistance in
persistent poverty counties: Provided further, That
for purposes of this section, the term ``persistent
poverty counties'' means any county that has had 20
percent or more of its population living in poverty
over the past 30 years, as measured by the 1990 and
2000 decennial censuses and the most recent Small Area
Income and Poverty Estimates, or any territory or
possession of the United States;
(5) $90,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $59,000,000 shall be for targeted airshed grants
in accordance with the terms and conditions in the
explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act);
(7) $4,000,000 shall be to carry out the water
quality program authorized in section 5004(d) of the
Water Infrastructure Improvements for the Nation Act
(Public Law 114-322);
(8) $26,408,000 shall be for grants under subsections
(a) through (j) of section 1459A of the Safe Drinking
Water Act (42 U.S.C. 300j-19a);
(9) $26,500,000 shall be for grants under section
1464(d) of the Safe Drinking Water Act (42 U.S.C. 300j-
24(d));
(10) $21,511,000 shall be for grants under section
1459B of the Safe Drinking Water Act (42 U.S.C. 300j-
19b);
(11) $4,000,000 shall be for grants under section
1459A(l) of the Safe Drinking Water Act (42 U.S.C.
300j-19a(l));
(12) $18,000,000 shall be for grants under section
104(b)(8) of the Federal Water Pollution Control Act
(33 U.S.C. 1254(b)(8));
(13) $40,000,000 shall be for grants under section
221 of the Federal Water Pollution Control Act (33
U.S.C. 1301);
(14) $3,000,000 shall be for grants under section
4304(b) of the America's Water Infrastructure Act of
2018 (Public Law 115-270); and
(15) $1,099,400,000 shall be for grants, including
associated program support costs, to States, federally
recognized tribes, interstate agencies, tribal
consortia, and air pollution control agencies for
multi-media or single media pollution prevention,
control and abatement, and related activities,
including activities pursuant to the provisions set
forth under this heading in Public Law 104-134, and for
making grants under section 103 of the Clean Air Act
for particulate matter monitoring and data collection
activities subject to terms and conditions specified by
the Administrator, and under section 2301 of the Water
and Waste Act of 2016 to assist States in developing
and implementing programs for control of coal
combustion residuals, of which: $46,195,000 shall be
for carrying out section 128 of CERCLA; $9,336,000
shall be for Environmental Information Exchange Network
grants, including associated program support costs;
$1,475,000 shall be for grants to States under section
2007(f)(2) of the Solid Waste Disposal Act, which shall
be in addition to funds appropriated under the heading
``Leaking Underground Storage Tank Trust Fund Program''
to carry out the provisions of the Solid Waste Disposal
Act specified in section 9508(c) of the Internal
Revenue Code other than section 9003(h) of the Solid
Waste Disposal Act; $17,924,000 of the funds available
for grants under section 106 of the Federal Water
Pollution Control Act shall be for State participation
in national- and State-level statistical surveys of
water resources and enhancements to State monitoring
programs; $10,000,000 shall be for multipurpose grants,
including interagency agreements, in accordance with
the terms and conditions described in the explanatory
statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed
loans, as authorized by the Water Infrastructure Finance and
Innovation Act of 2014, $59,500,000, to remain available until
expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize gross obligations for the
principal amount of direct loans, including capitalized
interest, and total loan principal, including capitalized
interest, any part of which is to be guaranteed, not to exceed
$12,500,000,000: Provided further, That of the funds made
available under this heading, $5,000,000 shall be used solely
for the cost of direct loans and for the cost of guaranteed
loans for projects described in section 5026(9) of the Water
Infrastructure Finance and Innovation Act of 2014 to State
infrastructure financing authorities, as authorized by section
5033(e) of such Act: Provided further, That the use of direct
loans or loan guarantee authority under this heading for direct
loans or commitments to guarantee loans for any project shall
be in accordance with the criteria published in the Federal
Register on June 30, 2020 (85 FR 39189) pursuant to the fourth
proviso under the heading ``Water Infrastructure Finance and
Innovation Program Account'' in division D of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94):
Provided further, That none of the direct loans or loan
guarantee authority made available under this heading shall be
available for any project unless the Administrator and the
Director of the Office of Management and Budget have certified
in advance in writing that the direct loan or loan guarantee,
as applicable, and the project comply with the criteria
referenced in the previous proviso: Provided further, That,
for the purposes of carrying out the Congressional Budget Act
of 1974, the Director of the Congressional Budget Office may
request, and the Administrator shall promptly provide,
documentation and information relating to a project identified
in a Letter of Interest submitted to the Administrator pursuant
to a Notice of Funding Availability for applications for credit
assistance under the Water Infrastructure Finance and
Innovation Act Program, including with respect to a project
that was initiated or completed before the date of enactment of
this Act.
In addition, fees authorized to be collected pursuant to
sections 5029 and 5030 of the Water Infrastructure Finance and
Innovation Act of 2014 shall be deposited in this account, to
remain available until expended.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, notwithstanding section
5033 of the Water Infrastructure Finance and Innovation Act of
2014, $5,500,000, to remain available until September 30, 2022.
Administrative Provisions--Environmental Protection Agency
(including transfers and rescission of funds)
For fiscal year 2021, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection
Agency, in carrying out the Agency's function to implement
directly Federal environmental programs required or authorized
by law in the absence of an acceptable tribal program, may
award cooperative agreements to federally recognized Indian
tribes or Intertribal consortia, if authorized by their member
tribes, to assist the Administrator in implementing Federal
environmental programs for Indian tribes required or authorized
by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8).
Notwithstanding section 33(d)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)),
the Administrator of the Environmental Protection Agency may
assess fees under section 33 of FIFRA (7 U.S.C. 136w-8) for
fiscal year 2021.
The Administrator is authorized to transfer up to
$330,000,000 of the funds appropriated for the Great Lakes
Restoration Initiative under the heading ``Environmental
Programs and Management'' to the head of any Federal department
or agency, with the concurrence of such head, to carry out
activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs,
projects, or activities; to enter into an interagency agreement
with the head of such Federal department or agency to carry out
these activities; and to make grants to governmental entities,
nonprofit organizations, institutions, and individuals for
planning, research, monitoring, outreach, and implementation in
furtherance of the Great Lakes Restoration Initiative and the
Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and
Management, Office of Inspector General, Hazardous Substance
Superfund, and Leaking Underground Storage Tank Trust Fund
Program Accounts, are available for the construction,
alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $150,000 per
project.
For fiscal year 2021, and notwithstanding section 518(f) of
the Federal Water Pollution Control Act (33 U.S.C. 1377(f)),
the Administrator is authorized to use the amounts appropriated
for any fiscal year under section 319 of the Act to make grants
to Indian tribes pursuant to sections 319(h) and 518(e) of that
Act.
The Administrator is authorized to use the amounts
appropriated under the heading ``Environmental Programs and
Management'' for fiscal year 2021 to provide grants to
implement the Southeastern New England Watershed Restoration
Program.
Notwithstanding the limitations on amounts in section
320(i)(2)(B) of the Federal Water Pollution Control Act, not
less than $1,500,000 of the funds made available under this
title for the National Estuary Program shall be for making
competitive awards described in section 320(g)(4).
For fiscal year 2021, the Office of Chemical Safety and
Pollution Prevention and the Office of Water may, using funds
appropriated under the headings ``Environmental Programs and
Management'' and ``Science and Technology'', contract directly
with individuals or indirectly with institutions or nonprofit
organizations, without regard to 41 U.S.C. 5, for the temporary
or intermittent personal services of students or recent
graduates, who shall be considered employees for the purposes
of chapters 57 and 81 of title 5, United States Code, relating
to compensation for travel and work injuries, and chapter 171
of title 28, United States Code, relating to tort claims, but
shall not be considered to be Federal employees for any other
purpose: Provided, That amounts used for this purpose by the
Office of Chemical Safety and Pollution Prevention and the
Office of Water collectively may not exceed $2,000,000.
Of the unobligated balances available for the ``State and
Tribal Assistance Grants'' account, $27,991,000 are hereby
permanently rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress as
an emergency requirement pursuant to the Concurrent Resolution
on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment, $875,000: Provided,
That funds made available by this Act to any agency in the
Natural Resources and Environment mission area for salaries and
expenses are available to fund up to one administrative support
staff for the office.
Forest Service
forest service operations
(Including Transfers of Funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $1,026,163,000, to remain available through
September 30, 2024: Provided, That a portion of the funds made
available under this heading shall be for the base salary and
expenses of employees in the Chief's Office, the Work
Environment and Performance Office, the Business Operations
Deputy Area, and the Chief Financial Officer's Office to carry
out administrative and general management support functions:
Provided further, That funds provided under this heading shall
be available for the costs of facility maintenance, repairs,
and leases for buildings and sites where these support
functions take place; the costs of all utility and
telecommunication expenses of the Forest Service, as well as
business services; and, for information technology, including
cyber security requirements: Provided further, That funds
provided under this heading may be used for necessary
administrative support function expenses of the Forest Service
not otherwise provided for and necessary for its operation.
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $258,760,000, to remain available through
September 30, 2024: Provided, That of the funds provided,
$17,621,000 is for the forest inventory and analysis program:
Provided further, That all authorities for the use of funds,
including the use of contracts, grants, and cooperative
agreements, available to execute the Forest and Rangeland
Research appropriation, are also available in the utilization
of these funds for Fire Science Research.
state and private forestry
(including rescission of funds)
For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management, and
conducting an international program and trade compliance
activities as authorized, $267,180,000, to remain available
through September 30, 2024, as authorized by law.
Of the unobligated balances from amounts made available for
the Forest Legacy Program and derived from the Land and Water
Conservation Fund, $5,809,000 is hereby permanently rescinded
from projects with cost savings or failed or partially failed
projects: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, and for hazardous
fuels management on or adjacent to such lands, $1,786,870,000,
to remain available through September 30, 2024: Provided, That
of the funds provided, $13,787,000 shall be deposited in the
Collaborative Forest Landscape Restoration Fund for ecological
restoration treatments as authorized by 16 U.S.C. 7303(f):
Provided further, That of the funds provided, $37,017,000 shall
be for forest products: Provided further, That of the funds
provided, $180,388,000 shall be for hazardous fuels management
activities, of which not to exceed $12,454,000 may be used to
make grants, using any authorities available to the Forest
Service under the ``State and Private Forestry'' appropriation,
for the purpose of creating incentives for increased use of
biomass from National Forest System lands: Provided further,
That $20,000,000 may be used by the Secretary of Agriculture to
enter into procurement contracts or cooperative agreements or
to issue grants for hazardous fuels management activities, and
for training or monitoring associated with such hazardous fuels
management activities on Federal land, or on non-Federal land
if the Secretary determines such activities benefit resources
on Federal land: Provided further, That funds made available
to implement the Community Forestry Restoration Act, Public Law
106-393, title VI, shall be available for use on non-Federal
lands in accordance with authorities made available to the
Forest Service under the ``State and Private Forestry''
appropriations: Provided further, That notwithstanding section
33 of the Bankhead Jones Farm Tenant Act (7 U.S.C. 1012), the
Secretary of Agriculture, in calculating a fee for grazing on a
National Grassland, may provide a credit of up to 50 percent of
the calculated fee to a Grazing Association or direct permittee
for a conservation practice approved by the Secretary in
advance of the fiscal year in which the cost of the
conservation practice is incurred, and that the amount credited
shall remain available to the Grazing Association or the direct
permittee, as appropriate, in the fiscal year in which the
credit is made and each fiscal year thereafter for use on the
project for conservation practices approved by the Secretary:
Provided further, That funds appropriated to this account shall
be available for the base salary and expenses of employees that
carry out the functions funded by the ``Capital Improvement and
Maintenance'' account, the ``Range Betterment Fund'' account,
and the ``Management of National Forests for Subsistence Uses''
account.
Capital Improvement and Maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $140,371,000, to remain available through
September 30, 2024, for construction, capital improvement,
maintenance, and acquisition of buildings and other facilities
and infrastructure; and for construction, reconstruction,
decommissioning of roads that are no longer needed, including
unauthorized roads that are not part of the transportation
system, and maintenance of forest roads and trails by the
Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C.
101 and 205: Provided, That funds becoming available in fiscal
year 2021 under the Act of March 4, 1913 (16 U.S.C. 501) shall
be transferred to the General Fund of the Treasury and shall
not be available for transfer or obligation for any other
purpose unless the funds are appropriated.
land acquisition
(rescission of funds)
Of the unobligated balances from amounts made available for
Land Acquisition and derived from the Land and Water
Conservation Fund, $5,619,000 is hereby permanently rescinded
from projects with cost savings or failed or partially failed
projects: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California; and the Ozark-St. Francis and Ouachita National
Forests, Arkansas; as authorized by law, $664,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public
school districts, or other public school authorities, and for
authorized expenditures from funds deposited by non-Federal
parties pursuant to Land Sale and Exchange Acts, pursuant to
the Act of December 4, 1967 (16 U.S.C. 484a), to remain
available through September 30, 2024, (16 U.S.C. 516-617a,
555a; Public Law 96-586; Public Law 76-589, 76-591; and Public
Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant to
section 401(b)(1) of Public Law 94-579, to remain available
through September 30, 2024, of which not to exceed 6 percent
shall be available for administrative expenses associated with
on-the-ground range rehabilitation, protection, and
improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to
remain available through September 30, 2024, to be derived from
the fund established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage
Federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3111 et seq.), $1,099,000, to remain available through
September 30, 2024.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
wildland fire suppression on or adjacent to such lands or other
lands under fire protection agreement, and for emergency
rehabilitation of burned-over National Forest System lands and
water, $1,927,241,000, to remain available until expended:
Provided, That such funds including unobligated balances under
this heading, are available for repayment of advances from
other appropriations accounts previously transferred for such
purposes: Provided further, That any unobligated funds
appropriated in a previous fiscal year for hazardous fuels
management may be transferred to the ``National Forest System''
account: Provided further, That such funds shall be available
to reimburse State and other cooperating entities for services
provided in response to wildfire and other emergencies or
disasters to the extent such reimbursements by the Forest
Service for non-fire emergencies are fully repaid by the
responsible emergency management agency: Provided further,
That funds provided shall be available for support to Federal
emergency response: Provided further, That the costs of
implementing any cooperative agreement between the Federal
Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided further,
That of the funds provided under this heading, $1,011,000,000
shall be available for wildfire suppression operations, and is
provided to the meet the terms of section 251(b)(2)(F)(ii)(I)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading
``Department of Agriculture--Forest Service--Wildland Fire
Management'' for wildfire suppression operations,
$2,040,000,000, to remain available until transferred, is
additional new budget authority as specified for purposes of
section 251(b)(2)(F) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided, That such amounts may
be transferred to and merged with amounts made available under
the headings ``Department of the Interior--Department-Wide
Programs--Wildland Fire Management'' and ``Department of
Agriculture--Forest Service--Wildland Fire Management'' for
wildfire suppression operations in the fiscal year in which
such amounts are transferred: Provided further, That amounts
may be transferred to the ``Wildland Fire Management'' accounts
in the Department of the Interior or the Department of
Agriculture only upon the notification of the House and Senate
Committees on Appropriations that all wildfire suppression
operations funds appropriated under that heading in this and
prior appropriations Acts to the agency to which the funds will
be transferred will be obligated within 30 days: Provided
further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
by law: Provided further, That, in determining whether all
wildfire suppression operations funds appropriated under the
heading ``Wildland Fire Management'' in this and prior
appropriations Acts to either the Department of Agriculture or
the Department of the Interior will be obligated within 30 days
pursuant to the previous proviso, any funds transferred or
permitted to be transferred pursuant to any other transfer
authority provided by law shall be excluded.
communications site administration
(including transfer of funds)
Amounts collected in this fiscal year pursuant to section
8705(f)(2) of the Agriculture Improvement Act of 2018 (Public
Law 115-334), shall be deposited in the special account
established by section 8705(f)(1) of such Act, shall be
available to cover the costs described in subsection (c)(3) of
such section of such Act, and shall remain available until
expended: Provided, That such amounts shall be transferred to
the ``National Forest System'' account.
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of passenger motor
vehicles; acquisition of passenger motor vehicles from excess
sources, and hire of such vehicles; purchase, lease, operation,
maintenance, and acquisition of aircraft to maintain the
operable fleet for use in Forest Service wildland fire programs
and other Forest Service programs; notwithstanding other
provisions of law, existing aircraft being replaced may be
sold, with proceeds derived or trade-in value used to offset
the purchase price for the replacement aircraft; (2) services
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and
alteration of buildings and other public improvements (7 U.S.C.
2250); (4) acquisition of land, waters, and interests therein
pursuant to 7 U.S.C. 428a; (5) for expenses pursuant to the
Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a,
558d, and 558a note); (6) the cost of uniforms as authorized by
5 U.S.C. 5901-5902; and (7) for debt collection contracts in
accordance with 31 U.S.C. 3718(c).
Funds made available to the Forest Service in this Act may be
transferred between accounts affected by the Forest Service
budget restructure outlined in section 435 of division D of the
Further Consolidated Appropriations Act, 2020 (Public Law 116-
94): Provided, That any transfer of funds pursuant to this
paragraph shall not increase or decrease the funds appropriated
to any account in this fiscal year by more than ten percent:
Provided further, That such transfer authority is in addition
to any other transfer authority provided by law.
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management
appropriation for forest firefighting, emergency rehabilitation
of burned-over or damaged lands or waters under its
jurisdiction, and fire preparedness due to severe burning
conditions upon the Secretary of Agriculture's notification of
the House and Senate Committees on Appropriations that all fire
suppression funds appropriated under the heading ``Wildland
Fire Management'' will be obligated within 30 days: Provided,
That all funds used pursuant to this paragraph must be
replenished by a supplemental appropriation which must be
requested as promptly as possible.
Not more than $50,000,000 of funds appropriated to the Forest
Service shall be available for expenditure or transfer to the
Department of the Interior for wildland fire management,
hazardous fuels management, and State fire assistance when such
transfers would facilitate and expedite wildland fire
management programs and projects.
Notwithstanding any other provision of this Act, the Forest
Service may transfer unobligated balances of discretionary
funds appropriated to the Forest Service by this Act to or
within the National Forest System Account, or reprogram funds
to be used for the purposes of hazardous fuels management and
urgent rehabilitation of burned-over National Forest System
lands and water, such transferred funds shall remain available
through September 30, 2024: Provided, That none of the funds
transferred pursuant to this section shall be available for
obligation without written notification to and the prior
approval of the Committees on Appropriations of both Houses of
Congress.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development in connection with forest and rangeland research,
technical information, and assistance in foreign countries, and
shall be available to support forestry and related natural
resource activities outside the United States and its
territories and possessions, including technical assistance,
education and training, and cooperation with U.S., private, and
international organizations. The Forest Service, acting for the
International Program, may sign direct funding agreements with
foreign governments and institutions as well as other domestic
agencies (including the U.S. Agency for International
Development, the Department of State, and the Millennium
Challenge Corporation), U.S. private sector firms, institutions
and organizations to provide technical assistance and training
programs overseas on forestry and rangeland management.
Funds appropriated to the Forest Service shall be available
for expenditure or transfer to the Department of the Interior,
Bureau of Land Management, for removal, preparation, and
adoption of excess wild horses and burros from National Forest
System lands, and for the performance of cadastral surveys to
designate the boundaries of such lands.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year shall
be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C.
2257), section 442 of Public Law 106-224 (7 U.S.C. 7772), or
section 10417(b) of Public Law 107-171 (7 U.S.C. 8316(b)).
Not more than $82,000,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of the
Department of Agriculture and not more than $14,500,000 of
funds available to the Forest Service shall be transferred to
the Department of Agriculture for Department Reimbursable
Programs, commonly referred to as Greenbook charges. Nothing in
this paragraph shall prohibit or limit the use of reimbursable
agreements requested by the Forest Service in order to obtain
information technology services, including telecommunications
and system modifications or enhancements, from the Working
Capital Fund of the Department of Agriculture.
Of the funds available to the Forest Service, up to
$5,000,000 shall be available for priority projects within the
scope of the approved budget, which shall be carried out by the
Youth Conservation Corps and shall be carried out under the
authority of the Public Lands Corps Act of 1993 (16 U.S.C. 1721
et seq.).
Of the funds available to the Forest Service, $4,000 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593,
of the funds available to the Forest Service, up to $3,000,000
may be advanced in a lump sum to the National Forest Foundation
to aid conservation partnership projects in support of the
Forest Service mission, without regard to when the Foundation
incurs expenses, for projects on or benefitting National Forest
System lands or related to Forest Service programs: Provided,
That of the Federal funds made available to the Foundation, no
more than $300,000 shall be available for administrative
expenses: Provided further, That the Foundation shall obtain,
by the end of the period of Federal financial assistance,
private contributions to match funds made available by the
Forest Service on at least a one-for-one basis: Provided
further, That the Foundation may transfer Federal funds to a
Federal or a non-Federal recipient for a project at the same
rate that the recipient has obtained the non-Federal matching
funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to
$3,000,000 of the funds available to the Forest Service may be
advanced to the National Fish and Wildlife Foundation in a lump
sum to aid cost-share conservation projects, without regard to
when expenses are incurred, on or benefitting National Forest
System lands or related to Forest Service programs: Provided,
That such funds shall be matched on at least a one-for-one
basis by the Foundation or its sub-recipients: Provided
further, That the Foundation may transfer Federal funds to a
Federal or non-Federal recipient for a project at the same rate
that the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities and natural resource-based businesses for
sustainable rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to section 14(c)(1) and (2), and
section 16(a)(2) of Public Law 99-663.
Any funds appropriated to the Forest Service may be used to
meet the non-Federal share requirement in section 502(c) of the
Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose of
performing fire, administrative, and other facilities
maintenance and decommissioning.
Notwithstanding any other provision of law, of any
appropriations or funds available to the Forest Service, not to
exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance or
participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations, and similar matters unrelated to civil
litigation. Future budget justifications for both the Forest
Service and the Department of Agriculture should clearly
display the sums previously transferred and the sums requested
for transfer.
An eligible individual who is employed in any project funded
under title V of the Older Americans Act of 1965 (42 U.S.C.
3056 et seq.) and administered by the Forest Service shall be
considered to be a Federal employee for purposes of chapter 171
of title 28, United States Code.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954
(68 Stat. 674), the Indian Self-Determination and Education
Assistance Act, the Indian Health Care Improvement Act, and
titles II and III of the Public Health Service Act with respect
to the Indian Health Service, $4,301,391,000 to remain
available until September 30, 2022, except as otherwise
provided herein, together with payments received during the
fiscal year pursuant to sections 231(b) and 233 of the Public
Health Service Act (42 U.S.C. 238(b) and 238b), for services
furnished by the Indian Health Service: Provided, That funds
made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or
compacts authorized by the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), shall be
deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation: Provided
further, That $2,500,000 shall be available for grants or
contracts with public or private institutions to provide
alcohol or drug treatment services to Indians, including
alcohol detoxification services: Provided further, That
$975,856,000 for Purchased/Referred Care, including $53,000,000
for the Indian Catastrophic Health Emergency Fund, shall remain
available until expended: Provided further, That of the funds
provided, up to $41,000,000 shall remain available until
expended for implementation of the loan repayment program under
section 108 of the Indian Health Care Improvement Act:
Provided further, That of the funds provided, $58,000,000 shall
be for costs related to or resulting from accreditation
emergencies, including supplementing activities funded under
the heading ``Indian Health Facilities,'' of which up to
$4,000,000 may be used to supplement amounts otherwise
available for Purchased/Referred Care: Provided further, That
the amounts collected by the Federal Government as authorized
by sections 104 and 108 of the Indian Health Care Improvement
Act (25 U.S.C. 1613a and 1616a) during the preceding fiscal
year for breach of contracts shall be deposited in the Fund
authorized by section 108A of that Act (25 U.S.C. 1616a-1) and
shall remain available until expended and, notwithstanding
section 108A(c) of that Act (25 U.S.C. 1616a-1(c)), funds shall
be available to make new awards under the loan repayment and
scholarship programs under sections 104 and 108 of that Act (25
U.S.C. 1613a and 1616a): Provided further, That the amounts
made available within this account for the Substance Abuse and
Suicide Prevention Program, for Opioid Prevention, Treatment
and Recovery Services, for the Domestic Violence Prevention
Program, for the Zero Suicide Initiative, for the housing
subsidy authority for civilian employees, for Aftercare Pilot
Programs at Youth Regional Treatment Centers, for
transformation and modernization costs of the Indian Health
Service Electronic Health Record system, for national quality
and oversight activities, to improve collections from public
and private insurance at Indian Health Service and tribally
operated facilities, for an initiative to treat or reduce the
transmission of HIV and HCV, for a maternal health initiative,
for the Telebehaviorial Health Center of Excellence, for
Alzheimer's grants, for Village Built Clinics and for
accreditation emergencies shall be allocated at the discretion
of the Director of the Indian Health Service and shall remain
available until expended: Provided further, That funds
provided in this Act may be used for annual contracts and
grants that fall within 2 fiscal years, provided the total
obligation is recorded in the year the funds are appropriated:
Provided further, That the amounts collected by the Secretary
of Health and Human Services under the authority of title IV of
the Indian Health Care Improvement Act (25 U.S.C. 1613) shall
remain available until expended for the purpose of achieving
compliance with the applicable conditions and requirements of
titles XVIII and XIX of the Social Security Act, except for
those related to the planning, design, or construction of new
facilities: Provided further, That funding contained herein
for scholarship programs under the Indian Health Care
Improvement Act (25 U.S.C. 1613) shall remain available until
expended: Provided further, That amounts received by tribes
and tribal organizations under title IV of the Indian Health
Care Improvement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations
until expended: Provided further, That the Bureau of Indian
Affairs may collect from the Indian Health Service, and from
tribes and tribal organizations operating health facilities
pursuant to Public Law 93-638, such individually identifiable
health information relating to disabled children as may be
necessary for the purpose of carrying out its functions under
the Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.): Provided further, That of the funds provided,
$72,280,000 is for the Indian Health Care Improvement Fund and
may be used, as needed, to carry out activities typically
funded under the Indian Health Facilities account: Provided
further, That none of the funds appropriated by this Act, or
any other Act, to the Indian Health Service for the Electronic
Health Record system shall be available for obligation or
expenditure for the selection or implementation of a new
Information Technology infrastructure system, unless the
Committees on Appropriations of the House of Representatives
and the Senate are consulted 90 days in advance of such
obligation: Provided further, That none of the amounts made
available under this heading to the Indian Health Service for
the Electronic Health Record system shall be available for
obligation or expenditure for the selection or implementation
of a new Information Technology Infrastructure system until the
report and directive is received by the Committees on
Appropriations of the House of Representatives and the Senate
in accordance with the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and
Education Assistance Act agreements with the Indian Health
Service for fiscal year 2021, such sums as may be necessary:
Provided, That notwithstanding any other provision of law, no
amounts made available under this heading shall be available
for transfer to another budget account: Provided further, That
amounts obligated but not expended by a tribe or tribal
organization for contract support costs for such agreements for
the current fiscal year shall be applied to contract support
costs due for such agreements for subsequent fiscal years.
payments for tribal leases
For payments to tribes and tribal organizations for leases
pursuant to section 105(l) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5324(l)) for fiscal year
2021, such sums as may be necessary, which shall be available
for obligation through September 30, 2022: Provided, That
notwithstanding any other provision of law, no amounts made
available under this heading shall be available for transfer to
another budget account.
indian health facilities
For construction, repair, maintenance, demolition,
improvement, and equipment of health and related auxiliary
facilities, including quarters for personnel; preparation of
plans, specifications, and drawings; acquisition of sites,
purchase and erection of modular buildings, and purchases of
trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian
Self-Determination Act, and the Indian Health Care Improvement
Act, and for expenses necessary to carry out such Acts and
titles II and III of the Public Health Service Act with respect
to environmental health and facilities support activities of
the Indian Health Service, $917,888,000 to remain available
until expended: Provided, That notwithstanding any other
provision of law, funds appropriated for the planning, design,
construction, renovation, or expansion of health facilities for
the benefit of an Indian tribe or tribes may be used to
purchase land on which such facilities will be located:
Provided further, That not to exceed $500,000 may be used by
the Indian Health Service to purchase TRANSAM equipment from
the Department of Defense for distribution to the Indian Health
Service and tribal facilities: Provided further, That none of
the funds appropriated to the Indian Health Service may be used
for sanitation facilities construction for new homes funded
with grants by the housing programs of the United States
Department of Housing and Urban Development.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health
Service shall be available for services as authorized by 5
U.S.C. 3109 at rates not to exceed the per diem rate equivalent
to the maximum rate payable for senior-level positions under 5
U.S.C. 5376; hire of passenger motor vehicles and aircraft;
purchase of medical equipment; purchase of reprints; purchase,
renovation, and erection of modular buildings and renovation of
existing facilities; payments for telephone service in private
residences in the field, when authorized under regulations
approved by the Secretary of Health and Human Services;
uniforms, or allowances therefor as authorized by 5 U.S.C.
5901-5902; and for expenses of attendance at meetings that
relate to the functions or activities of the Indian Health
Service: Provided, That in accordance with the provisions of
the Indian Health Care Improvement Act, non-Indian patients may
be extended health care at all tribally administered or Indian
Health Service facilities, subject to charges, and the proceeds
along with funds recovered under the Federal Medical Care
Recovery Act (42 U.S.C. 2651-2653) shall be credited to the
account of the facility providing the service and shall be
available without fiscal year limitation: Provided further,
That notwithstanding any other law or regulation, funds
transferred from the Department of Housing and Urban
Development to the Indian Health Service shall be administered
under Public Law 86-121, the Indian Sanitation Facilities Act
and Public Law 93-638: Provided further, That funds
appropriated to the Indian Health Service in this Act, except
those used for administrative and program direction purposes,
shall not be subject to limitations directed at curtailing
Federal travel and transportation: Provided further, That none
of the funds made available to the Indian Health Service in
this Act shall be used for any assessments or charges by the
Department of Health and Human Services unless identified in
the budget justification and provided in this Act, or approved
by the House and Senate Committees on Appropriations through
the reprogramming process: Provided further, That
notwithstanding any other provision of law, funds previously or
herein made available to a tribe or tribal organization through
a contract, grant, or agreement authorized by title I or title
V of the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450 et seq.), may be deobligated and
reobligated to a self-determination contract under title I, or
a self-governance agreement under title V of such Act and
thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided further,
That none of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule
published in the Federal Register on September 16, 1987, by the
Department of Health and Human Services, relating to the
eligibility for the health care services of the Indian Health
Service until the Indian Health Service has submitted a budget
request reflecting the increased costs associated with the
proposed final rule, and such request has been included in an
appropriations Act and enacted into law: Provided further,
That with respect to functions transferred by the Indian Health
Service to tribes or tribal organizations, the Indian Health
Service is authorized to provide goods and services to those
entities on a reimbursable basis, including payments in advance
with subsequent adjustment, and the reimbursements received
therefrom, along with the funds received from those entities
pursuant to the Indian Self-Determination Act, may be credited
to the same or subsequent appropriation account from which the
funds were originally derived, with such amounts to remain
available until expended: Provided further, That
reimbursements for training, technical assistance, or services
provided by the Indian Health Service will contain total costs,
including direct, administrative, and overhead costs associated
with the provision of goods, services, or technical assistance:
Provided further, That the Indian Health Service may provide
to civilian medical personnel serving in hospitals operated by
the Indian Health Service housing allowances equivalent to
those that would be provided to members of the Commissioned
Corps of the United States Public Health Service serving in
similar positions at such hospitals: Provided further, That
the appropriation structure for the Indian Health Service may
not be altered without advance notification to the House and
Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9660(a)) and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $81,500,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i) and 111(c)(4) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA) and section 3019 of the Solid Waste Disposal Act,
$78,000,000: Provided, That notwithstanding any other
provision of law, in lieu of performing a health assessment
under section 104(i)(6) of CERCLA, the Administrator of ATSDR
may conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical testing,
clinical evaluations, medical monitoring, and referral to
accredited healthcare providers: Provided further, That in
performing any such health assessment or health study,
evaluation, or activity, the Administrator of ATSDR shall not
be bound by the deadlines in section 104(i)(6)(A) of CERCLA:
Provided further, That none of the funds appropriated under
this heading shall be available for ATSDR to issue in excess of
40 toxicological profiles pursuant to section 104(i) of CERCLA
during fiscal year 2021, and existing profiles may be updated
as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental
Quality pursuant to the National Environmental Policy Act of
1969, the Environmental Quality Improvement Act of 1970, and
Reorganization Plan No. 1 of 1977, and not to exceed $750 for
official reception and representation expenses, $3,500,000:
Provided, That notwithstanding section 202 of the National
Environmental Policy Act of 1970, the Council shall consist of
one member, appointed by the President, by and with the advice
and consent of the Senate, serving as chairman and exercising
all powers, functions, and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of
passenger vehicles, uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902, and for services authorized
by 5 U.S.C. 3109 but at rates for individuals not to exceed the
per diem equivalent to the maximum rate payable for senior
level positions under 5 U.S.C. 5376, $12,000,000: Provided,
That the Chemical Safety and Hazard Investigation Board (Board)
shall have not more than three career Senior Executive Service
positions: Provided further, That notwithstanding any other
provision of law, the individual appointed to the position of
Inspector General of the Environmental Protection Agency (EPA)
shall, by virtue of such appointment, also hold the position of
Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector
General of the Board shall utilize personnel of the Office of
Inspector General of EPA in performing the duties of the
Inspector General of the Board, and shall not appoint any
individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$4,000,000, to remain available until expended: Provided, That
funds provided in this or any other appropriations Act are to
be used to relocate eligible individuals and groups including
evictees from District 6, Hopi-partitioned lands residents,
those in significantly substandard housing, and all others
certified as eligible and not included in the preceding
categories: Provided further, That none of the funds contained
in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo
family who, as of November 30, 1985, was physically domiciled
on the lands partitioned to the Hopi Tribe unless a new or
replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office
shall relocate any certified eligible relocatees who have
selected and received an approved homesite on the Navajo
reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to section 11 of
Public Law 93-531 (88 Stat. 1716).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by part A of
title XV of Public Law 99-498 (20 U.S.C. 4411 et seq.),
$10,772,000, which shall become available on July 1, 2021, and
shall remain available until September 30, 2022.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance programs;
maintenance, alteration, operation, lease agreements of no more
than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized
by 5 U.S.C. 3109; and purchase, rental, repair, and cleaning of
uniforms for employees, $818,192,000, to remain available until
September 30, 2022, except as otherwise provided herein; of
which not to exceed $6,957,000 for the instrumentation program,
collections acquisition, exhibition reinstallation, and the
repatriation of skeletal remains program shall remain available
until expended; and including such funds as may be necessary to
support American overseas research centers: Provided, That
funds appropriated herein are available for advance payments to
independent contractors performing research services or
participating in official Smithsonian presentations: Provided
further, That the Smithsonian Institution may expend Federal
appropriations designated in this Act for lease or rent
payments, as rent payable to the Smithsonian Institution, and
such rent payments may be deposited into the general trust
funds of the Institution to be available as trust funds for
expenses associated with the purchase of a portion of the
building at 600 Maryland Avenue, SW, Washington, DC, to the
extent that federally supported activities will be housed
there: Provided further, That the use of such amounts in the
general trust funds of the Institution for such purpose shall
not be construed as Federal debt service for, a Federal
guarantee of, a transfer of risk to, or an obligation of the
Federal Government: Provided further, That no appropriated
funds may be used directly to service debt which is incurred to
finance the costs of acquiring a portion of the building at 600
Maryland Avenue, SW, Washington, DC, or of planning, designing,
and constructing improvements to such building: Provided
further, That any agreement entered into by the Smithsonian
Institution for the sale of its ownership interest, or any
portion thereof, in such building so acquired may not take
effect until the expiration of a 30 day period which begins on
the date on which the Secretary of the Smithsonian submits to
the Committees on Appropriations of the House of
Representatives and Senate, the Committees on House
Administration and Transportation and Infrastructure of the
House of Representatives, and the Committee on Rules and
Administration of the Senate a report, as outlined in the
explanatory statement described in section 4 of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94; 133
Stat. 2536) on the intended sale.
facilities capital
For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithsonian
Institution, by contract or otherwise, as authorized by section
2 of the Act of August 22, 1949 (63 Stat. 623), and for
construction, including necessary personnel, $214,530,000, to
remain available until expended, of which not to exceed $10,000
shall be for services as authorized by 5 U.S.C. 3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art,
the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by the
Act of March 24, 1937 (50 Stat. 51), as amended by the public
resolution of April 13, 1939 (Public Resolution 9, 76th
Congress), including services as authorized by 5 U.S.C. 3109;
payment in advance when authorized by the treasurer of the
Gallery for membership in library, museum, and art associations
or societies whose publications or services are available to
members only, or to members at a price lower than to the
general public; purchase, repair, and cleaning of uniforms for
guards, and uniforms, or allowances therefor, for other
employees as authorized by law (5 U.S.C. 5901-5902); purchase
or rental of devices and services for protecting buildings and
contents thereof, and maintenance, alteration, improvement, and
repair of buildings, approaches, and grounds; and purchase of
services for restoration and repair of works of art for the
National Gallery of Art by contracts made, without advertising,
with individuals, firms, or organizations at such rates or
prices and under such terms and conditions as the Gallery may
deem proper, $153,242,000, to remain available until September
30, 2022, of which not to exceed $3,700,000 for the special
exhibition program shall remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration, and renovation
of buildings, grounds and facilities owned or occupied by the
National Gallery of Art, by contract or otherwise, for
operating lease agreements of no more than 10 years, with no
extensions or renewals beyond the 10 years, that address space
needs created by the ongoing renovations in the Master
Facilities Plan, as authorized, $23,203,000, to remain
available until expended: Provided, That of this amount,
$1,510,000 shall be available for design of an off-site art
storage facility in partnership with the Smithsonian
Institution: Provided further, That contracts awarded for
environmental systems, protection systems, and exterior repair
or renovation of buildings of the National Gallery of Art may
be negotiated with selected contractors and awarded on the
basis of contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance, and
security of the John F. Kennedy Center for the Performing Arts,
$26,400,000, to remain available until September, 30, 2022.
capital repair and restoration
For necessary expenses for capital repair and restoration of
the existing features of the building and site of the John F.
Kennedy Center for the Performing Arts, $14,000,000, to remain
available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including
hire of passenger vehicles and services as authorized by 5
U.S.C. 3109, $14,000,000, to remain available until September
30, 2022.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $167,500,000 shall
be available to the National Endowment for the Arts for the
support of projects and productions in the arts, including arts
education and public outreach activities, through assistance to
organizations and individuals pursuant to section 5 of the Act,
for program support, and for administering the functions of the
Act, to remain available until expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $167,500,000 to
remain available until expended, of which $152,500,000 shall be
available for support of activities in the humanities, pursuant
to section 7(c) of the Act and for administering the functions
of the Act; and $15,000,000 shall be available to carry out the
matching grants program pursuant to section 10(a)(2) of the
Act, including $13,000,000 for the purposes of section 7(h):
Provided, That appropriations for carrying out section 10(a)(2)
shall be available for obligation only in such amounts as may
be equal to the total amounts of gifts, bequests, devises of
money, and other property accepted by the chairman or by
grantees of the National Endowment for the Humanities under the
provisions of sections 11(a)(2)(B) and 11(a)(3)(B) during the
current and preceding fiscal years for which equal amounts have
not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on
the Arts and the Humanities may be used to process any grant or
contract documents which do not include the text of 18 U.S.C.
1913: Provided, That none of the funds appropriated to the
National Foundation on the Arts and the Humanities may be used
for official reception and representation expenses: Provided
further, That funds from nonappropriated sources may be used as
necessary for official reception and representation expenses:
Provided further, That the Chairperson of the National
Endowment for the Arts may approve grants of up to $10,000, if
in the aggregate the amount of such grants does not exceed 5
percent of the sums appropriated for grantmaking purposes per
year: Provided further, That such small grant actions are
taken pursuant to the terms of an expressed and direct
delegation of authority from the National Council on the Arts
to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter 91
of title 40, United States Code, $3,240,000: Provided, That
the Commission is authorized to charge fees to cover the full
costs of its publications, and such fees shall be credited to
this account as an offsetting collection, to remain available
until expended without further appropriation: Provided
further, That the Commission is authorized to accept gifts,
including objects, papers, artwork, drawings and artifacts,
that pertain to the history and design of the Nation's Capital
or the history and activities of the Commission of Fine Arts,
for the purpose of artistic display, study, or education:
Provided further, That one-tenth of one percent of the funds
provided under this heading may be used for official reception
and representation expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20
U.S.C. 956a), $5,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $7,400,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning
Commission under chapter 87 of title 40, United States Code,
including services as authorized by 5 U.S.C. 3109, $8,124,000:
Provided, That one-quarter of 1 percent of the funds provided
under this heading may be used for official reception and
representational expenses associated with hosting international
visitors engaged in the planning and physical development of
world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized
by Public Law 106-292 (36 U.S.C. 2301-2310), $61,388,000, of
which $715,000 shall remain available until September 30, 2023,
for the Museum's equipment replacement program; and of which
$3,000,000 for the Museum's repair and rehabilitation program
and $1,264,000 for the Museum's outreach initiatives program
shall remain available until expended.
Presidio Trust
The Presidio Trust is authorized to issue obligations to the
Secretary of the Treasury pursuant to section 104(d)(3) of the
Omnibus Parks and Public Lands Management Act of 1996 (Public
Law 104-333), in an amount not to exceed $20,000,000.
Dwight D. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission, $1,000,000, to remain available until expended.
world war i centennial commission
salaries and expenses
Notwithstanding section 9 of the World War I Centennial
Commission Act, as authorized by the World War I Centennial
Commission Act (Public Law 112-272) and the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291), for necessary
expenses of the World War I Centennial Commission, $7,000,000,
to remain available until September 30, 2022: Provided, That
in addition to the authority provided by section 6(g) of such
Act, the World War I Commission may accept money, in-kind
personnel services, contractual support, or any appropriate
support from any executive branch agency for activities of the
Commission.
alyce spotted bear and walter soboleff commission on native children
For necessary expenses of the Alyce Spotted Bear and Walter
Soboleff Commission on Native Children (referred to in this
paragraph as the ``Commission''), $500,000, to remain available
until September 30, 2022: Provided, That in addition to the
authority provided by section 3(g)(5) and 3(h) of Public Law
114-244, the Commission may hereafter accept in-kind personnel
services, contractual support, or any appropriate support from
any executive branch agency for activities of the Commission.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 401. No part of any appropriation contained in this Act
shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which Congressional action is not complete other than to
communicate to Members of Congress as described in 18 U.S.C.
1913.
obligation of appropriations
Sec. 402. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead
charges, deductions, reserves, or holdbacks, including working
capital fund and cost pool charges, from programs, projects,
activities and subactivities to support government-wide,
departmental, agency, or bureau administrative functions or
headquarters, regional, or central operations shall be
presented in annual budget justifications and subject to
approval by the Committees on Appropriations of the House of
Representatives and the Senate. Changes to such estimates shall
be presented to the Committees on Appropriations for approval.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the
Secretary of the Interior determines that, for the claim
concerned: (1) a patent application was filed with the
Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims,
sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30
U.S.C. 35, 36, and 37) for placer claims, and section 2337 of
the Revised Statutes (30 U.S.C. 42) for mill site claims, as
the case may be, were fully complied with by the applicant by
that date.
(c) Report.--On September 30, 2022, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Natural Resources of the
House and the Committee on Energy and Natural Resources of the
Senate a report on actions taken by the Department under the
plan submitted pursuant to section 314(c) of the Department of
the Interior and Related Agencies Appropriations Act, 1997
(Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Director of the Bureau of Land
Management to conduct a mineral examination of the mining
claims or mill sites contained in a patent application as set
forth in subsection (b). The Bureau of Land Management shall
have the sole responsibility to choose and pay the third-party
contractor in accordance with the standard procedures employed
by the Bureau of Land Management in the retention of third-
party contractors.
contract support costs, prior year limitation
Sec. 405. Sections 405 and 406 of division F of the
Consolidated and Further Continuing Appropriations Act, 2015
(Public Law 113-235) shall continue in effect in fiscal year
2021.
contract support costs, fiscal year 2021 limitation
Sec. 406. Amounts provided by this Act for fiscal year 2021
under the headings ``Department of Health and Human Services,
Indian Health Service, Contract Support Costs'' and
``Department of the Interior, Bureau of Indian Affairs and
Bureau of Indian Education, Contract Support Costs'' are the
only amounts available for contract support costs arising out
of self-determination or self-governance contracts, grants,
compacts, or annual funding agreements for fiscal year 2021
with the Bureau of Indian Affairs, Bureau of Indian Education,
and the Indian Health Service: Provided, That such amounts
provided by this Act are not available for payment of claims
for contract support costs for prior years, or for repayments
of payments for settlements or judgments awarding contract
support costs for prior years.
forest management plans
Sec. 407. The Secretary of Agriculture shall not be
considered to be in violation of subparagraph 6(f)(5)(A) of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years
have passed without revision of the plan for a unit of the
National Forest System. Nothing in this section exempts the
Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et
seq.) or any other law: Provided, That if the Secretary is not
acting expeditiously and in good faith, within the funding
available, to revise a plan for a unit of the National Forest
System, this section shall be void with respect to such plan
and a court of proper jurisdiction may order completion of the
plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under either
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the
boundaries of a National Monument established pursuant to the
Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary
existed on January 20, 2001, except where such activities are
allowed under the Presidential proclamation establishing such
monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds
appropriated in this Act for the acquisition of lands or
interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without
the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply
to funds appropriated to implement the Everglades National Park
Protection and Expansion Act of 1989, or to funds appropriated
for Federal assistance to the State of Florida to acquire lands
for Everglades restoration purposes.
prohibition on no-bid contracts
Sec. 410. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used
to enter into any Federal contract unless such contract is
entered into in accordance with the requirements of Chapter 33
of title 41, United States Code, or Chapter 137 of title 10,
United States Code, and the Federal Acquisition Regulation,
unless--
(1) Federal law specifically authorizes a contract to
be entered into without regard for these requirements,
including formula grants for States, or federally
recognized Indian tribes;
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law
93-638, 25 U.S.C. 450 et seq.) or by any other Federal
laws that specifically authorize a contract within an
Indian tribe as defined in section 4(e) of that Act (25
U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of
enactment of this Act.
posting of reports
Sec. 411. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the
national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises
national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less than
45 days.
national endowment for the arts grant guidelines
Sec. 412. Of the funds provided to the National Endowment
for the Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual
for a literature fellowship, National Heritage
Fellowship, or American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to
ensure that no funding provided through a grant, except
a grant made to a State or local arts agency, or
regional group, may be used to make a grant to any
other organization or individual to conduct activity
independent of the direct grant recipient. Nothing in
this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to a
group, unless the application is specific to the
contents of the season, including identified programs
or projects.
national endowment for the arts program priorities
Sec. 413. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the
Humanities Act of 1965 from funds appropriated under this Act,
the Chairperson of the National Endowment for the Arts shall
ensure that priority is given to providing services or awarding
financial assistance for projects, productions, workshops, or
programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a
population of individuals, including urban minorities,
who have historically been outside the purview of arts
and humanities programs due to factors such as a high
incidence of income below the poverty line or to
geographic isolation.
(2) The term ``poverty line'' means the poverty line
(as defined by the Office of Management and Budget, and
revised annually in accordance with section 673(2) of
the Community Services Block Grant Act (42 U.S.C.
9902(2))) applicable to a family of the size involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act of
1965 with funds appropriated by this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority
is given to providing services or awarding financial assistance
for projects, productions, workshops, or programs that will
encourage public knowledge, education, understanding, and
appreciation of the arts.
(d) With funds appropriated by this Act to carry out section
5 of the National Foundation on the Arts and Humanities Act of
1965--
(1) the Chairperson shall establish a grant category
for projects, productions, workshops, or programs that
are of national impact or availability or are able to
tour several States;
(2) the Chairperson shall not make grants exceeding
15 percent, in the aggregate, of such funds to any
single State, excluding grants made under the authority
of paragraph (1);
(3) the Chairperson shall report to the Congress
annually and by State, on grants awarded by the
Chairperson in each grant category under section 5 of
such Act; and
(4) the Chairperson shall encourage the use of grants
to improve and support community-based music
performance and education.
national endowment for the arts waivers
Sec. 414. Notwithstanding any other provision of law, funds
made available under the heading ``National Foundation on the
Arts and the Humanities--National Endowment for the Arts--
Grants and Administration'' of this Act and under such heading
for fiscal years 2019 and 2020 for grants for the purposes
described in section 5(c) of the National Foundation on the
Arts and Humanities Act of 1965 (20 U.S.C. 954(c)) may also be
used by the recipients of such grants for purposes of the
general operations of such recipients.
national endowment for the humanities waivers
Sec. 415. Notwithstanding any other provision of law, funds
made available under the heading ``National Foundation on the
Arts and the Humanities--National Endowment for the
Humanities--Grants and Administration'' of this Act and under
such heading for fiscal years 2019 and 2020 for grants for the
purposes described in section 7(c) and 7(h)(1) of the National
Foundation on the Arts and Humanities Act of 1965 may also be
used by the recipients of such grants for purposes of the
general operations of such recipients.
status of balances of appropriations
Sec. 416. The Department of the Interior, the Environmental
Protection Agency, the Forest Service, and the Indian Health
Service shall provide the Committees on Appropriations of the
House of Representatives and Senate quarterly reports on the
status of balances of appropriations including all uncommitted,
committed, and unobligated funds in each program and activity
within 60 days of enactment of this Act.
extension of grazing permits
Sec. 417. The terms and conditions of section 325 of Public
Law 108-108 (117 Stat. 1307), regarding grazing permits issued
by the Forest Service on any lands not subject to
administration under section 402 of the Federal Lands Policy
and Management Act (43 U.S.C. 1752), shall remain in effect for
fiscal year 2021.
funding prohibition
Sec. 418. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network is designed to block access to pornography
websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
humane transfer and treatment of animals
Sec. 419. (a) Notwithstanding any other provision of law, the
Secretary of the Interior, with respect to land administered by
the Bureau of Land Management, or the Secretary of Agriculture,
with respect to land administered by the Forest Service
(referred to in this section as the ``Secretary concerned''),
may transfer excess wild horses and burros that have been
removed from land administered by the Secretary concerned to
other Federal, State, and local government agencies for use as
work animals.
(b) The Secretary concerned may make a transfer under
subsection (a) immediately on the request of a Federal, State,
or local government agency.
(c) An excess wild horse or burro transferred under
subsection (a) shall lose status as a wild free-roaming horse
or burro (as defined in section 2 of Public Law 92-195
(commonly known as the ``Wild Free-Roaming Horses and Burros
Act'') (16 U.S.C. 1332)).
(d) A Federal, State, or local government agency receiving an
excess wild horse or burro pursuant to subsection (a) shall
not--
(1) destroy the horse or burro in a manner that
results in the destruction of the horse or burro into a
commercial product;
(2) sell or otherwise transfer the horse or burro in
a manner that results in the destruction of the horse
or burro for processing into a commercial product; or
(3) euthanize the horse or burro, except on the
recommendation of a licensed veterinarian in a case of
severe injury, illness, or advanced age.
(e) Amounts appropriated by this Act shall not be available
for--
(1) the destruction of any healthy, unadopted, and
wild horse or burro under the jurisdiction of the
Secretary concerned (including a contractor); or
(2) the sale of a wild horse or burro that results in
the destruction of the wild horse or burro for
processing into a commercial product.
forest service facility realignment and enhancement authorization
extension
Sec. 420. Section 503(f) of Public Law 109-54 (16 U.S.C.
580d note) shall be applied by substituting ``September 30,
2021'' for ``September 30, 2019''.
use of american iron and steel
Sec. 421. (a)(1) None of the funds made available by a State
water pollution control revolving fund as authorized by section
1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall
be used for a project for the construction, alteration,
maintenance, or repair of a public water system or treatment
works unless all of the iron and steel products used in the
project are produced in the United States.
(2) In this section, the term ``iron and steel'' products
means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category of
cases in which the Administrator of the Environmental
Protection Agency (in this section referred to as the
``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent
with the public interest;
(2) iron and steel products are not produced in the
United States in sufficient and reasonably available
quantities and of a satisfactory quality; or
(3) inclusion of iron and steel products produced in
the United States will increase the cost of the overall
project by more than 25 percent.
(c) If the Administrator receives a request for a waiver
under this section, the Administrator shall make available to
the public on an informal basis a copy of the request and
information available to the Administrator concerning the
request, and shall allow for informal public input on the
request for at least 15 days prior to making a finding based on
the request. The Administrator shall make the request and
accompanying information available by electronic means,
including on the official public Internet Web site of the
Environmental Protection Agency.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Administrator may retain up to 0.25 percent of the
funds appropriated in this Act for the Clean and Drinking Water
State Revolving Funds for carrying out the provisions described
in subsection (a)(1) for management and oversight of the
requirements of this section.
local cooperator training agreements and transfers of excess equipment
and supplies for wildfires
Sec. 422. The Secretary of the Interior is authorized to
enter into grants and cooperative agreements with volunteer
fire departments, rural fire departments, rangeland fire
protection associations, and similar organizations to provide
for wildland fire training and equipment, including supplies
and communication devices. Notwithstanding section 121(c) of
title 40, United States Code, or section 521 of title 40,
United States Code, the Secretary is further authorized to
transfer title to excess Department of the Interior
firefighting equipment no longer needed to carry out the
functions of the Department's wildland fire management program
to such organizations.
recreation fees
Sec. 423. Section 810 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6809) shall be applied by
substituting ``October 1, 2022'' for ``September 30, 2019''.
reprogramming guidelines
Sec. 424. None of the funds made available in this Act, in
this and prior fiscal years, may be reprogrammed without the
advance approval of the House and Senate Committees on
Appropriations in accordance with the reprogramming procedures
contained in the explanatory statement described in section 4
of the Further Consolidated Appropriations Act, 2020 (Public
Law 116-94; 133 Stat. 2536).
local contractors
Sec. 425. Section 412 of division E of Public Law 112-74
shall be applied by substituting ``fiscal year 2021'' for
``fiscal year 2019''.
shasta-trinity marina fee authority authorization extension
Sec. 426. Section 422 of division F of Public Law 110-161
(121 Stat 1844), as amended, shall be applied by substituting
``fiscal year 2021'' for ``fiscal year 2019''.
interpretive association authorization extension
Sec. 427. Section 426 of division G of Public Law 113-76 (16
U.S.C. 565a-1 note) shall be applied by substituting
``September 30, 2021'' for ``September 30, 2019''.
puerto rico schooling authorization extension
Sec. 428. The authority provided by the 19th unnumbered
paragraph under heading ``Administrative Provisions, Forest
Service'' in title III of Public Law 109-54, as amended, shall
be applied by substituting ``fiscal year 2021'' for ``fiscal
year 2019''.
forest botanical products fee collection authorization extension
Sec. 429. Section 339 of the Department of the Interior and
Related Agencies Appropriations Act, 2000 (as enacted into law
by Public Law 106-113; 16 U.S.C. 528 note), as amended by
section 335(6) of Public Law 108-108 and section 432 of Public
Law 113-76, shall be applied by substituting ``fiscal year
2021'' for ``fiscal year 2019''.
chaco canyon
Sec. 430. None of the funds made available by this Act may
be used to accept a nomination for oil and gas leasing under 43
CFR 3120.3 et seq, or to offer for oil and gas leasing, any
Federal lands within the withdrawal area identified on the map
of the Chaco Culture National Historical Park prepared by the
Bureau of Land Management and dated April 2, 2019, prior to the
completion of the cultural resources investigation identified
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
tribal leases
Sec. 431. (a) Notwithstanding any other provision of law, in
the case of any lease under section 105(l) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5324(l)),
the initial lease term shall commence no earlier than the date
of receipt of the lease proposal.
(b) The Secretaries of the Interior and Health and Human
Services shall, jointly or separately, during fiscal year 2021
consult with tribes and tribal organizations through public
solicitation and other means regarding the requirements for
leases under section 105(l) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5324(l)) on how to
implement a consistent and transparent process for the payment
of such leases.
resource study of springfield race riot
Sec. 432. (a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(2) Study area.--The term ``Study Area'' means the
archeological site near Madison Street and the 10th
Street Rail Corridor, and other sites in Springfield,
Illinois associated with the 1908 Springfield Race
Riot.
(b) Special Resource Study.--
(1) Study.--The Secretary shall conduct a special
resource study of the study area.
(2) Contents.--In conducting the study under
paragraph (1), the Secretary shall--
(A) evaluate the national significance of the
study area;
(B) determine the suitability and feasibility
of designating the study area as a unit of the
National Park System;
(C) consider other alternatives for
preservation, protection, and interpretation of
the study area by the Federal Government, State
or local government entities, or private and
non-profit organizations;
(D) consult with interested Federal agencies,
State or local governmental entities, private
and nonprofit organizations, or any other
interested individuals; and
(E) identify cost estimates for any Federal
acquisition, development, interpretation,
operation, and maintenance associated with the
alternatives.
(3) Applicable law.--The study required under
paragraph (1) shall be conducted in accordance with
section 100507 of title 54, United States Code.
(4) Report.--Not later than 3 years after the date on
which funds are first made available for the study
under paragraph (1), the Secretary shall submit to the
Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report that describes--
(A) the results of the study; and
(B) any conclusions and recommendations of
the Secretary.
forest ecosystem recovery and health fund
Sec. 433. The authority provided under the heading ``Forest
Ecosystem Health and Recovery Fund'' in title I of Public Law
111-88, as amended by section 117 of division F of Public Law
113-235, shall be applied by substituting ``fiscal year 2021''
for ``fiscal year 2020'' each place it appears.
allocation of projects
Sec. 434. (a)(1) Within 45 days of enactment of this Act, the
Secretary of the Interior shall allocate amounts available from
the National Parks and Public Land Legacy Restoration Fund for
fiscal year 2021 pursuant to subsection (c) of section 200402
of title 54, United States Code, and as provided in subsection
(e) of such section of such title, to the agencies of the
Department of the Interior and the Department of Agriculture
specified, in the amounts specified, and for the projects and
activities specified in the table titled ``Allocation of Funds
from the National Parks and Public Land Legacy Restoration
Fund--Fiscal Year 2021'' in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
(2) Within 30 days of enactment of this Act, the Secretary of
the Interior shall submit to the Committees on Appropriations
of the House of Representatives and the Senate project data
sheets in the same format and containing the same level of
detailed information that is found on such sheets in the Budget
Justifications annually submitted by the Department of the
Interior with the President's Budget for the Department of the
Interior projects specified pursuant to the allocation in
subsection (a)(1) and, only 45 days after submission of such
sheets, shall the Secretary of the Interior be permitted to
obligate amounts that are allocated pursuant to subsection
(a)(1).
(3) Within 30 days of enactment of this Act, the Secretary of
Agriculture shall submit to the Committees on Appropriations of
the House of Representatives and the Senate full detailed
project lists that must include a project description, as well
as information on region, forest or grassland name, project
name, State, Congressional district, fiscal year 2021 non-
transportation needed funds, fiscal year 2021 transportation
needed funds, and asset type for the Department of Agriculture
projects specified pursuant to the allocation in subsection
(a)(1) and, only 45 days after submission of such lists, shall
the Secretary of Agriculture be permitted to obligate amounts
that are allocated pursuant to subsection (a)(1).
(b)(1) Within 45 days of enactment of this Act, the Secretary
of the Interior and the Secretary of Agriculture, as
appropriate, shall allocate amounts made available for
expenditure from the Land and Water Conservation Fund for
fiscal year 2021 pursuant to subsection (a) of section 200303
of title 54, United States Code, to the agencies and accounts
specified, in the amounts specified, and for the projects and
activities specified in the table titled ``Allocation of Funds
from the Land and Water Conservation Fund--Fiscal Year 2021''
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(2) Within 30 days of enactment of this Act, the Secretary of
the Interior and the Secretary of Agriculture shall each submit
to the Committees on Appropriations of the House of
Representatives and the Senate project data sheets in the same
format and containing the same level of detailed information
that is found on such sheets as submitted to the Committees
pursuant to section 427 of division D of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94) for
the projects specified pursuant to the allocation in subsection
(b)(1) and, only 45 days after submission of such sheets, shall
the Secretary of the Interior and the Secretary of Agriculture,
as appropriate, be permitted to obligate amounts that are
allocated pursuant to subsection (b)(1).
(c)(1) Neither the President nor his designee may allocate
any amounts that are made available for any fiscal year under
subsection (c) of section 200402 of title 54, United States
Code, or subsection (a) of section 200303 of title 54, United
States Code, other than amounts that are allocated by
subsections (a) and (b) of this section of this Act.
(2) If any funds made available by section 200402(c) or
section 200303(a) of title 54, United States Code, were
allocated or obligated in advance of the enactment of a fiscal
year 2021 Act making full-year appropriations for the
Department of the Interior, Environment, and Related Agencies,
then within 30 days of enactment of this Act, the Office of
Management and Budget, in consultation with the Department of
the Interior and the Department of Agriculture, shall submit to
the Committees on Appropriations of the House of
Representatives and the Senate a report from the General
Counsel analyzing how the authority in section 200402 and in
section 200303 of title 54, United States Code, permitted the
Administration to allocate funding for projects for a fiscal
year pursuant those sections, particularly the language in
sections 200402(i) and 200303(c)(2), in advance of the date of
enactment of such fiscal year 2021 Act.
(d)(1) Concurrent with the annual budget submission of the
President for fiscal year 2022, the Secretary of the Interior
and the Secretary of Agriculture shall each submit to the
Committees on Appropriations of the House of Representatives
and the Senate a list of supplementary allocations for Federal
land acquisition and Forest Legacy projects at the National
Park Service, the U.S. Fish and Wildlife Service, the Bureau of
Land Management, and the U.S. Forest Service that are in
addition to the ``Submission of Cost Estimates'' required by
section 200303(c)(1) of title 54, United States Code, that are
prioritized and detailed by account, program, and project, and
that total no less than half the full amount allocated to each
account for that land management Agency under the allocations
submitted under section 200303(c)(1) of title 54, United States
Code.
(2) The Federal land acquisition and Forest Legacy projects
in the ``Submission of Cost Estimates'' required by section
200303(c)(1) of title 54, United States Code, and on the list
of supplementary allocations required by paragraph (1) shall be
comprised only of projects for which a willing seller has been
identified and for which an appraisal or market research has
been initiated.
(3) Concurrent with the annual budget submission of the
President for fiscal year 2022, the Secretary of the Interior
and the Secretary of Agriculture shall each submit to the
Committees on Appropriations of the House of Representatives
and the Senate project data sheets in the same format and
containing the same level of detailed information that is found
on such sheets in the Budget Justifications annually submitted
by the Department of the Interior with the President's Budget
for the projects in the ``Submission of Cost Estimates''
required by section 200303(c)(1) of title 54, United States
Code, and in the same format and containing the same level of
detailed information that is found on such sheets submitted to
the Committees pursuant to section 427 of division D of the
Further Consolidated Appropriations Act, 2020 (Public Law 116-
94) for the list of supplementary allocations required by
paragraph (1), and for the projects in the ``Submission of
Annual List of Projects to Congress'' required by section
200402(h) of title 54, United States Code.
(e) The Department of the Interior and the Department of
Agriculture shall provide the Committees on Appropriations of
the House of Representatives and Senate quarterly reports on
the status of balances for amounts allocated pursuant to
subsections (a)(1) and (b)(1) of this section, including all
uncommitted, committed, and unobligated funds.
(f) Expenditures made or obligations incurred under the
heading ``United States Fish and Wildlife Service--Land
Acquisition'' and for the Appraisal and Valuation Services
Office under the heading ``Departmental Offices--Office of the
Secretary--Departmental Operations'' pursuant to the Continuing
Appropriations Act, 2021 (Public Law 116-159) shall be charged
to the applicable appropriation, account allocation, fund, or
authorization pursuant to section 200303 of title 54, United
States Code.
timber sale requirements
Sec. 435. No timber sale in Alaska's Region 10 shall be
advertised if the indicated rate is deficit (defined as the
value of the timber is not sufficient to cover all logging and
stumpage costs and provide a normal profit and risk allowance
under the Forest Service's appraisal process) when appraised
using a residual value appraisal. The western red cedar timber
from those sales which is surplus to the needs of the domestic
processors in Alaska, shall be made available to domestic
processors in the contiguous 48 United States at prevailing
domestic prices. All additional western red cedar volume not
sold to Alaska or contiguous 48 United States domestic
processors may be exported to foreign markets at the election
of the timber sale holder. All Alaska yellow cedar may be sold
at prevailing export prices at the election of the timber sale
holder.
prohibition on use of funds
Sec. 436. Notwithstanding any other provision of law, none
of the funds made available in this Act or any other Act may be
used to promulgate or implement any regulation requiring the
issuance of permits under title V of the Clean Air Act (42
U.S.C. 7661 et seq.) for carbon dioxide, nitrous oxide, water
vapor, or methane emissions resulting from biological processes
associated with livestock production.
greenhouse gas reporting restrictions
Sec. 437. Notwithstanding any other provision of law, none
of the funds made available in this or any other Act may be
used to implement any provision in a rule, if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
funding prohibition
Sec. 438. None of the funds made available by this or any
other Act may be used to regulate the lead content of
ammunition, ammunition components, or fishing tackle under the
Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or any
other law.
policies relating to biomass energy
Sec. 439. To support the key role that forests in the United
States can play in addressing the energy needs of the United
States, the Secretary of Energy, the Secretary of Agriculture,
and the Administrator of the Environmental Protection Agency
shall, consistent with their missions, jointly--
(1) ensure that Federal policy relating to forest
bioenergy--
(A) is consistent across all Federal
departments and agencies; and
(B) recognizes the full benefits of the use
of forest biomass for energy, conservation, and
responsible forest management; and
(2) establish clear and simple policies for the use
of forest biomass as an energy solution, including
policies that--
(A) reflect the carbon-neutrality of forest
bioenergy and recognize biomass as a renewable
energy source, provided the use of forest
biomass for energy production does not cause
conversion of forests to non-forest use;
(B) encourage private investment throughout
the forest biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve
forest health; and
(D) recognize State initiatives to produce
and use forest biomass.
small remote incinerators
Sec. 440. None of the funds made available in this Act may
be used to implement or enforce the regulation issued on March
21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with respect
to units in the State of Alaska that are defined as ``small,
remote incinerator'' units in those regulations and, until a
subsequent regulation is issued, the Administrator shall
implement the law and regulations in effect prior to such date.
This division may be cited as the ``Department of the
Interior, Environment, and Related Agencies Appropriations Act,
2021''.
[Clerk's note.--Reproduced below is the material relating
to division G contained in the Explanatory Statement regarding
H.R. 133, the Consolidated Appropriations Act, 2021.\1\]
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\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
December 21, 2020 by Mrs. Lowey of New York, Chairwoman of the House
Committee on Appropriations. The Statement appears on page H8525 of
Book IV.
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DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2021
The following statement is an explanation of the effects of
Division G, which provides appropriations for the Department of
the Interior, the Environmental Protection Agency (EPA), the
Forest Service, the Indian Health Service, and related agencies
for fiscal year 2021.
The joint explanatory statement accompanying this division
is approved and indicates congressional intent. Unless
otherwise noted, the language set forth in House Report 116-448
carries the same weight as language included in this joint
explanatory statement and should be complied with unless
specifically addressed to the contrary in this joint
explanatory statement. While some language is repeated for
emphasis, it is not intended to negate the language referred to
above unless expressly provided herein.
In cases where the House report or this joint explanatory
statement direct the submission of a report, such report is to
be submitted to both the House and Senate Committees on
Appropriations. Where this joint explanatory statement refers
to the Committees or the Committees on Appropriations, unless
otherwise noted, this reference is to the House Subcommittee on
Interior, Environment, and Related Agencies and the Senate
Subcommittee on Interior, Environment, and Related Agencies.
Each department and agency funded in this Act is directed
to follow the directions set forth in this Act and the
accompanying statement and to not reallocate resources or
reorganize activities except as provided herein or otherwise
approved by the House and Senate Appropriations Committees
through the reprogramming process as referenced in this Act.
This joint explanatory statement addresses only those agencies
and accounts for which there is a need for greater explanation
than provided in the Act itself. Funding levels for
appropriations by account, program, and activity, with
comparisons to the fiscal year 2020 enacted level and the
fiscal year 2021 budget request, can be found in the table at
the end of this division.
Unless expressly stated otherwise, any reference to ``this
Act'' or ``at the end of this statement'' shall be treated as
referring only to the provisions of this division.
Conservation Partnerships.--Funds are available for land
management agencies to enter into agreements with youth and
veterans organizations as authorized by the John McCain 21st
Century Service Conservation Corps Act (Public Law 116-9). The
Committees continue to support the partnerships between the
Department and the 21st Century Conservation Service Corps and
Public Land Corps, which help to engage youth and veterans in
hands-on service to our public lands and expects these efforts
to continue.
Continued Directives.--The Committees continue the
directives in Public Law 116-94 regarding Dead and Downed
Trees, Everglades Restoration, Rural Airstrips, and Domestic
Production of Critical Minerals.
Federal Lands Recreation Enhancement Act.--The Department
of the Interior and the Forest Service are directed to annually
post on a centralized agency website the list of Federal Lands
Recreation Enhancement Act (Public Law 108-447) projects
performed in each fiscal year, which should include a project
title, description, location, and amount obligated for each
project, beginning with fiscal year 2020.
Federal Law Enforcement.--The agreement notes that the
explanatory statement accompanying the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2021 directs
the Attorney General to ensure implementation of evidence-based
training programs on de-escalation and the use-of-force, as
well as on police-community relations, that are broadly
applicable and scalable to all Federal law enforcement
agencies. The agreement further notes that several agencies
funded by this Act employ Federal law enforcement officers and
are Federal Law Enforcement Training Centers partner
organizations. The agreement directs such agencies to consult
with the Attorney General regarding the implementation of these
programs for their law enforcement officers. The agreement
further directs such agencies to brief the Committees on
Appropriations on their efforts relating to such implementation
no later than 90 days after consultation with the Attorney
General. In addition, the agreement directs such agencies, to
the extent that they are not already participating, to consult
with the Attorney General and the Director of the FBI regarding
participation in the National Use-of-Force Data Collection. The
agreement further directs such agencies to brief the Committees
on Appropriations, no later than 90 days after enactment of
this Act, on their current efforts to so participate.
Fire Hazard Potential Analysis.--Within 90 days of
enactment of this Act, the Forest Service and the Department of
the Interior are directed to provide the Committees an estimate
of the federal investment required to treat and restore all of
the acres (federal and non-federal) classified as being at high
or very high risk on the 2018 Wildfire Hazard Potential Map.
The agencies are directed to provide an analysis of the acres
that need to be treated within the next five years in order to
limit the risk wildfires pose to communities and public lands,
identifying the acres located in the Wildland-Urban Interface
or municipal watersheds, and those acres most likely to spread
wildfire into developed areas using the Forest Service's
Scenario Investment Planning Tool.
Firefighting Aviation Contracts.--In addition to the
direction outlined in House Report 116-448 regarding the report
on firefighting aviation contracts and current impediments to
the use of longer-term contracts, the Committees also direct
the Forest Service and the Department of the Interior to
consider, as part of this report, whether modifying
cancellation ceilings for longer-term aviation contracts
consistent with practices used for longer-term stewardship
contracts, as provided by Division O of Public Law 115-141,
could assist the agencies in having long-term certainty and
affordability for modern aviation assets.
Great American Outdoors Act.--At the end of this
explanatory statement, the Committees have included allocation
of projects pursuant to the Great American Outdoors Act (Public
Law 116-152).
Invasive Species Report.--Within 180 days of the date of
enactment of this Act, the agencies shall provide the
Committees with a report on their efforts to prioritize Early
Detection and Rapid Response as part of their expected program
of work for fiscal year 2021, including detail on how the
agencies plan to protect specific native species and natural
resource values on public lands across the Nation.
Land and Water Conservation Fund.--With the August 4, 2020,
enactment of the Great American Outdoors Act (Public Law 116-
152), Congress provided a permanent appropriation of
$900,000,000 per year from the Land and Water Conservation
Fund. The Act also mandated that account allocations and
detailed project information be proposed by the administration
each year through the president's annual budget submission, and
that such allocations, following review by the House and Senate
Appropriations Committees, may be modified through an alternate
allocation.
Because the fiscal year 2021 budget request did not contain
allocations for the full amount now available, the table
located at the end of this explanatory statement, referenced by
a general provision in Title IV of this bill, provides for the
allocation of funds at the agency, account, activity, and
project levels in accordance with section 200303 of title 54,
United States Code. Individual, location-specific projects have
been identified, fully vetted, and ranked by the agencies and
the information was provided to Congress as required by the
fiscal year 2020 Interior, Environment, and Related Agencies
Appropriations Act (Public Law 116-94).
Additional direction to the agencies:
General Implementation.--The bill contains language in
Title IV directing the Secretary of the Interior and the
Secretary of Agriculture, as appropriate, to allocate funds
from the Land and Water Conservation Fund to the respective
agencies and appropriation accounts detailed in the table
located at the end of this explanatory statement within 30 days
of enactment of this Act. The language also requires that the
allocation of funds within each appropriation be made to the
activities presented in the table. Flexibility for each agency
at the project level is provided in two ways: first, by
aggregating the total amount available for listed acquisitions,
each agency can provide for small adjustments in funding
between individual projects in the table as necessary; and
secondly, by providing for an ``acquisition contingencies''
activity, the bill provides additional funds that may be
utilized by an agency to pursue additional opportunities with
respect to each listed project or other projects that may
arise. Each agency is directed to promptly advise the
Committees on Appropriations of any adjustment made to a
previously announced funding level, or to any addition or
deletion of a project not previously disclosed. Within the non-
project-based line items, the agencies are expected to follow
the longstanding guidelines for informing and seeking the
approval of Congress, as appropriate, for federal acquisitions.
Each agency should prioritize acquisitions that maximize
benefits to the public through consolidated Federal ownership
that create management efficiencies, provide recreational
access, or protect critical resources, such as inholdings in
congressionally designated wilderness areas, battlefield parks
and national scenic and historic trails. The bill also includes
requirements for ranked project lists for the forthcoming
fiscal year, to be submitted with the budget and subsequently,
so as to afford Congress the ability to provide informed
alternative allocations. The Committees expect the format for
budget and supplemental lists to be similar to those provided
in the fiscal year 2017 budget request for discretionary and
mandatory projects. All project lists submitted--including both
those submitted with the budget or the supplemental lists just
noted--should be comprised of projects for which tracts and
willing sellers have been identified, and an initial appraisal
or market research has been initiated.
Bureau of Land Management.--The Committees are concerned
about the length of time the Bureau is spending to approve
projects and encourages the Bureau to complete the review and
closing of projects on a timely basis.
Fish and Wildlife Service.--The Committees strongly
encourage the Service to continue to provide outreach to all
units of the National Wildlife Refuge System, including Clarks,
Cahaba River, McKinney, Ottawa, Loxahatchee, and Edwards to
ensure these refuges are aware of all funding opportunities
available to fulfill the vision of Secretarial Order 3356. The
Committees are also aware that the Green River National
Wildlife Refuge is a newly established refuge and is eligible
for funding under the recreational access, inholding, and other
lines included in the alternate allocation detail table;
therefore, the Service is encouraged to continue to use these
additional funding tools to purchase parcels as they become
available, as it does for other units of the National Wildlife
Refuge System.
Cooperative Endangered Species Conservation Fund.--In
addition to the allocations in the table at the end of this
explanatory statement, this bill also includes an additional
$19,638,000 in discretionary appropriations from the LWCF for
Fish and Wildlife Service Habitat Conservation Plan Land
Acquisition grants to states, as detailed in the associated
section of this explanatory statement.
National Park Service.--The Committees are aware of
concerns related to State conservation grant conversion and
improvement applications and directs the Service to make every
effort to work with applicants to expedite the approval of
applications that improve or increase accessibility to
recreational facilities and open space. The Service is directed
to evaluate the totality of an application and work to address
issues regarding historic management to allow the Service to
approve the application. Further, the Service is directed to
submit a report within 180 days of enactment of this Act
detailing the recommendations developed by a working group of
interested stakeholders to assist States in addressing their
obligations and compliance responsibilities, which was
discussed in Senate Report 116-123.
Forest Service.--The Service is expected to follow the
longstanding process for informing and seeking the approval of
Congress, as appropriate, for funding other Forest Legacy
projects as ranked by the competitively selected national
priority list, if listed projects are no longer viable and
funding becomes available.
Land Grants, Acequias and Community Ditches.--The
Secretaries of the Department of the Interior and the
Department of Agriculture are urged to recognize the
traditional use of State-recognized community land grants,
acequias, and community ditches in the American Southwest
during the land use planning process. The Department of the
Interior and the Forest Service shall, in accordance with
applicable law, consider and, as appropriate, provide for
within land management plans the traditional-historic uses by
an acequias or land grant merceds recognized by the State of
New Mexico.
Mitigation from Border Barrier Construction.--The agreement
does not include direction requiring a report on the impacts of
border barrier construction.
Public Land Orders.--In 2004, Congress passed the Alaska
Land Transfer Acceleration Act (Public Law 108-452) to provide
for the expedited conveyance of outstanding land selections
prior to the 50th anniversary of statehood in 2009. More than a
decade later progress toward lifting Public Land Orders (PLOs)
in Alaska to facilitate conveyances remains limited. The
Committees expect the Department to prioritize the lifting of
PLOs in Alaska as appropriate, particularly PLO 5150, and to
submit a plan to Congress within 120 days of enactment of this
Act describing a process for lifting those orders.
Race, Community, and Our Shared Future Initiative.--The
Committees are supportive of the Smithsonian's new initiative
``Race, Community and Our Shared Future.'' Over the next year,
the Smithsonian expects to hold a series of town halls and
other virtual gatherings across the country to reach a wide
audience and engage numerous partners as well as experts from
within the Smithsonian Institution. The Secretary of the
Smithsonian is encouraged to engage other federal agencies in
this initiative and is directed to report to the Committees on
a quarterly basis on scheduled and planned discussions,
audiences reached, partner participation, and any actionable
items that have resulted from this initiative. The Secretary of
the Interior, working with the Wilson Center Board of Trustees,
is directed to work with the Smithsonian Institution on this
new initiative.
Training, Hiring, and Public Lands Education in Alaska.--
The directive in Public Law 116-94 regarding conducting annual
Alaska National Interest Lands Conservation Act training by the
Department of the Interior and the Forest Service is continued.
The Committees also recognize the importance of Alaska Public
Land Information Centers as partners and tools to educate the
public regarding Alaska's unique public lands and encourages
the agencies to look for opportunities to strengthen these
critical partnerships.
Tribal Lease Payments.--The agreement incorporates the
fiscal year 2021 budget proposal to create separate
appropriations accounts for 105(l) Tribal payments along with a
general provision directing the Bureau of Indian Affairs and
the Indian Health Service to develop guidelines regarding lease
costs. The Committees strongly encourage both Departments to
engage in meaningful dialogue with one another and Tribes to
coalesce around a process to develop policy guidance. The
Committees also note that payments for 105(l) leases directly
resulting from decisions in the case of Maniilaq Ass'n v.
Burwell in both 2014 (72 F. Supp. 3d 227 (D.D.C. 2014)) and
2016 (70 F. Supp. 3d 243 (D.D.C. 2016)) appear to create an
entitlement to compensation for 105(l) leases that is typically
not funded through discretionary appropriations, and the
Committees encourage discussion regarding the funding
classification to continue.
The Committees are aware of recent litigation in Federal
courts regarding what constitutes reasonable lease costs under
the 105(l) program. As part of the consultation required by
language in Title IV of this Act, the Indian Health Service and
the Department of the Interior are expected to consult with
Tribes and Tribal organizations regarding agency regulations
and policies that determine the amount of space and other
standards necessary to carry out federal programs under a
section 105(l) lease, and to ensure that such regulations and
policies are consistent, transparent and clearly communicated
to affected Tribes. The Service and the Department are expected
to periodically update the Committees on the status of the
consultation.
Transparency.--Federal agencies funded under this Act shall
clearly state within the text, audio, or video used for
advertising or educational purposes, including emails or
Internet postings, that the communication is printed,
published, or produced and disseminated at U.S. taxpayer
expense. The funds used by a Federal agency to carry out this
requirement shall be derived from amounts made available to the
agency for advertising or other communications regarding the
programs and activities of the agency.
Transparency of Information Regarding Grants, Agreements,
Research, and Conference Attendance.--The agencies covered by
this Act are encouraged to disclose the full costs of grants or
projects in any public documents. Additionally, each agency is
urged, prior to undertaking research, to evaluate whether the
research will promote the progress of science in the United
States or advance a national security or economic interest.
Wildlife Data Coordination.--The Department of the Interior
and the Forest Service are expected to prioritize continued
coordination with other Federal agencies and State wildlife
agencies to utilize State fish and wildlife data and analyses
as an applicable source to inform land use, land planning, and
related natural resource decisions. Federal agencies should not
unnecessarily duplicate raw data, but when appropriate,
evaluate existing analysis of data prepared by the States and,
reciprocally, share data with State wildlife managers to ensure
that the most complete data set is available for decision
support systems.
Missing and Murdered Indigenous Women.--The Committees are
concerned about the crisis of missing, trafficked, and murdered
indigenous women. Native American women face high rates of
violence and the lack of data on the number of women and girls
who go missing or murdered further complicates the Nation's
ability to address the crisis. The agreement includes both
funding and report language under the Bureau of Indian Affairs
and the Indian Health Service in order to improve the Federal
response to this crisis.
REPROGRAMMING GUIDELINES
The following are the procedures governing reprogramming
actions for programs and activities funded in the Department of
the Interior, Environment, and Related Agencies Appropriations
Act. The House and Senate Committees on Appropriations are
dismayed by multiple agencies' lack of strict adherence to the
Committees' reprogramming guidelines and agencies funded by
this Act are reminded that no reprogramming shall be
implemented without the advance approval of the House and
Senate Committees on Appropriations in accordance with the
procedures included in this Act. The agencies funded in this
Act are reminded that these reprogramming guidelines are in
effect, and must be complied with, until such time as the
Committees modify them through bill or report language.
Definitions.--``Reprogramming,'' as defined in these
procedures, includes the reallocation of funds from one budget
activity, budget line-item, or program area to another within
any appropriation funded in this Act. In cases where either the
House or Senate Committee on Appropriations report displays an
allocation of an appropriation below that level, the more
detailed level shall be the basis for reprogramming.
For construction, land acquisition, and forest legacy
accounts, a reprogramming constitutes the reallocation of
funds, including unobligated balances, from one construction,
land acquisition, or forest legacy project to another such
project.
A reprogramming shall also consist of any significant
departure from the program described in the agency's budget
justifications. This includes all proposed reorganizations or
other workforce actions detailed below which affect a total of
10 staff members or 10 percent of the staffing of an affected
program or office, whichever is less, even without a change in
funding. Any change to the organization table presented in the
budget justification shall also be subject to this requirement.
Agencies are reminded that this recommendation continues
longstanding General Guidelines for Reprogramming that require
agencies funded by this Act to submit reorganization proposals
for the Committees' review prior to their implementation. It is
noted that such reprogramming guidelines apply to proposed
reorganizations, workforce restructure, reshaping, transfer of
functions, or bureau-wide downsizing and include closures,
consolidations, and relocations of offices, facilities, and
laboratories. In addition, no agency shall implement any part
of a reorganization that modifies regional or State boundaries
for agencies or bureaus that were in effect as of the date of
enactment of this Act unless approved consistent with the
General Guidelines for Reprogramming procedures specified
herein. Any such reprogramming request submitted to the
Committees on Appropriations shall include a description of
anticipated benefits, including anticipated efficiencies and
cost-savings, as well as a description of anticipated personnel
impacts and funding changes anticipated to implement the
proposal.
General Guidelines for Reprogramming.--
(a) A reprogramming should be made only when an unforeseen
situation arises, and then only if postponement of the project
or the activity until the next appropriation year would result
in actual loss or damage.
(b) Any project or activity, which may be deferred through
reprogramming, shall not later be accomplished by means of
further reprogramming, but instead, funds should again be
sought for the deferred project or activity through the regular
appropriations process.
(c) Except under the most urgent situations, reprogramming
should not be employed to initiate new programs or increase
allocations specifically denied or limited by Congress, or to
decrease allocations specifically increased by the Congress.
(d) Reprogramming proposals submitted to the House and
Senate Committees on Appropriations for approval will be
considered as expeditiously as possible, and the Committees
remind the agencies that in order to process reprogramming
requests, adequate and timely information must be provided.
Criteria and Exceptions.--A reprogramming must be submitted
to the Committees in writing prior to implementation if it
exceeds $1,000,000 annually or results in an increase or
decrease of more than 10 percent annually in affected programs
or projects, whichever amount is less, with the following
exceptions:
(a) With regard to the Tribal priority allocations of the
Bureau of Indian Affairs (BIA) and Bureau of Indian Education
(BIE), there is no restriction on reprogrammings among these
programs. However, the Bureaus shall report on all
reprogrammings made during a given fiscal year no later than 60
days after the end of the fiscal year.
(b) With regard to the EPA, the Committees do not require
reprogramming requests associated with the States and Tribes
Partnership Grants or up to a cumulative total of $5,000,000
from carryover balances among the individual program areas
delineated in the Environmental Programs and Management
account, with no more than $1,000,000 coming from any
individual program area. No funds, however, shall be
reallocated from individual Geographic Programs.
(c) With regard to the National Park Service, the
Committees do not require reprogramming requests associated
with the park base within the Park Management activity in the
Operation of the National Park System Account. The Service is
required to brief the House and Senate Committees on
Appropriations on spending trends for the park base within 60
days of enactment of this Act.
Assessments.--``Assessment'' as defined in these procedures
shall refer to any charges, reserves, or holdbacks applied to a
budget activity or budget line item for costs associated with
general agency administrative costs, overhead costs, working
capital expenses, or contingencies.
(a) No assessment shall be levied against any program,
budget activity, subactivity, budget line item, or project
funded by the Interior, Environment, and Related Agencies
Appropriations Act unless such assessment and the basis
therefor are presented to the Committees in the budget
justifications and are subsequently approved by the Committees.
The explanation for any assessment in the budget justification
shall show the amount of the assessment, the activities
assessed, and the purpose of the funds.
(b) Proposed changes to estimated assessments, as such
estimates were presented in annual budget justifications, shall
be submitted through the reprogramming process and shall be
subject to the same dollar and reporting criteria as any other
reprogramming.
(c) Each agency or bureau which utilizes assessments shall
submit an annual report to the Committees, which provides
details on the use of all funds assessed from any other budget
activity, line item, subactivity, or project.
(d) In no case shall contingency funds or assessments be
used to finance projects and activities disapproved or limited
by Congress or to finance programs or activities that could be
foreseen and included in the normal budget review process.
(e) New programs requested in the budget should not be
initiated before enactment of the bill without notification to,
and the approval of, the Committees. This restriction applies
to all such actions regardless of whether a formal
reprogramming of funds is required to begin the program.
Quarterly Reports.--All reprogrammings between budget
activities, budget line-items, program areas, or the more
detailed activity levels shown in this recommendation,
including those below the monetary thresholds established
above, shall be reported to the Committees within 60 days of
the end of each quarter and shall include cumulative totals for
each budget activity or budget line item, or construction, land
acquisition, or forest legacy project.
Land Acquisitions, Easements, and Forest Legacy.--Lands
shall not be acquired for more than the approved appraised
value, as addressed in section 301(3) of Public Law 91-646,
unless such acquisitions are submitted to the Committees on
Appropriations for approval in compliance with these
procedures.
Land Exchanges.--Land exchanges, wherein the estimated
value of the Federal lands to be exchanged is greater than
$1,000,000, shall not be consummated until the Committees have
had 30 days in which to examine the proposed exchange. In
addition, the Committees shall be provided advance notification
of exchanges valued between $500,000 and $1,000,000.
Budget Structure.--The budget activity or line item
structure for any agency appropriation account shall not be
altered without advance approval of the Committees.
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
MANAGEMENT OF LANDS AND RESOURCES
(INCLUDING RESCISSION OF FUNDS)
Management of Lands and Resources (MLR).--The bill provides
$1,220,555,000 for the Management of Lands and Resources
appropriation, and a rescission of $13,000,000 from fiscal year
2018 and prior year unobligated funds. Allocations at the
activity and subactivity level are contained in the table at
the back of this explanatory statement and in the following
narrative.
In Land Resources, increases above the enacted level
include $1,000,000 in cultural resources management to continue
the predictive modeling program; and $14,190,000 in the wild
horse and burro program, which is described in greater detail
below.
In Wildlife and Aquatic Habitat Management, the increase
above the enacted level is $2,000,000 in wildlife habitat
management for sage-grouse conservation. Within the funds being
made available, threatened and endangered species funding
continues at $21,567,000 and sage-grouse funding is
$66,000,000.
In Recreation Management, the increase above the enacted
level is $1,000,000 in recreation resources management for
additional stewardship activities on all 18 scenic and historic
trails, including the Iditarod, the Pacific Crest, and the
Oregon National. Of the funds made available for wilderness
management, priority shall be given to activities to improve
wilderness habitat and adjoining habitat by addressing noxious
weed infestations and fuel loads.
In Energy and Minerals, the increase above the enacted
level is $1,500,000 in renewable energy. Total funding for oil
and gas programs is above the request and sufficient to
maintain program capacity and to continue progress toward
cleanup of the next cluster of legacy wells in need of
remediation.
In Realty and Ownership Management increases above the
enacted level include $3,000,000 in Alaska conveyance; and
$3,000,000 in cadastral, lands, and realty management. Use of
those increases shall be for implementing section 1119 of the
Dingell Conservation Act (Public Law 116-9) with respect to
Alaska Native Vietnam veterans, and for priority broadband
development.
In National Landscape Conservation System, the increase
above the enacted level is $2,000,000 for enhanced inventory
and monitoring activities and operational requirements mandated
by recent legislative additions.
Alaska Fire Service.--The Committees recognize the
importance of the Alaska Fire Service and directs the Bureau,
to the extent feasible, to partner with Federal agencies, such
as the Denali Commission, to provide training opportunities
that both meet the needs of the Service and provide jobs in
rural communities.
Bonneville Salt Flats.--The Committees expect the
Department to implement cooperative agreements with the State
of Utah to restore the Bonneville Salt Flats. The Committees
direct the Department to brief the Committees on this effort
within 45 days of enactment of this Act.
California Desert Protection and Recreation Act.--The
Bureau is directed to brief the Committees within 45 days on
implementation of the Act.
Colorado Salinity Control.--The program shall be funded and
maintained consistent with prior years.
Competitive Leasing Rule.--The Department is directed to
revisit the Competitive Leasing Rule to allow a limited set of
projects, those that applied for a right-of-way under section
501 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1761) on or before December 19, 2016, at their request,
to return to the fair market rents and fees established as part
of the Instructional Memorandum.
Contaminated Lands.--The Bureau is directed to submit a
list of contaminated lands that remain under its jurisdiction
in Alaska within one year of enactment of this Act.
Coos Bay Wagon Road Lands.--The Bureau is directed to
ensure that county payments are made in accordance with the
Coos Bay Wagon Road Act (Public Law 76-85) and that Sudden Oak
Death treatments will continue at current levels.
Fortymile Resource Management Plan.--The Bureau is
encouraged to initiate the process of replacing the Fortymile
Resource Management Plan with a management document that
reflects the new ownership landscape.
Gay Mine.--The agreement does not include House
instructions regarding the Gay Mine site in Idaho.
Geothermal.--The Bureau is directed to provide to the
Committees a report within 90 days of enactment of this Act on
the suitability of expanding the list of categorical exclusions
currently available for geothermal energy to include those
available for oil and gas exploration activities under Section
390 of the Energy Policy Act of 2005 (42 U.S.C. 15942).
Legacy Well Remediation.--The Bureau is directed to provide
to the Committees within 90 days of enactment of this Act a
detailed strategy for funding completion of remediation of the
remaining legacy wells within its jurisdiction within the next
10 years.
National Seed Strategy.--The Bureau is directed to ensure
that both the program and National Seed Strategy be funded and
operated consistent with prior years, and that the National
Seed Strategy continues to be implemented in a manner that
balances the need for a variety of seeds to accomplish
immediate and long-term restoration goals.
Required Report.--The Committees note that the required
study under Section 1119(c) of the Dingell Conservation Act
(Public Law 116-9) has not been received and direct the Bureau
to meet its obligation.
Tribal consultation on Oil and Gas.--The Bureau is
instructed to ensure that any coordinating office created in
partnership with other oil and gas related permitting agencies
shall closely coordinate with all appropriate Tribal
organizations, including the Fort Berthold Tribal authorities.
Turn Point Lighthouse.--The Bureau is directed to brief the
Committees within 60 days of enactment of this Act on existing
and planned future efforts to support the Turn Point
Lighthouse.
Wild Horse and Burro Program.--The bill provides
$115,745,000 for the Wild Horse and Burro program. These funds
are in response to the Bureau's May 15, 2020 proposal to
institute an aggressive, non-lethal population control strategy
to address the current unsustainable trajectory of on-range
wild horse and burro population growth. The Committees expect
this strategy to continue and to include a robust expansion of
fertility control utilizing methods that are proven, safe,
effective, and humane. Such treatments and on-range gathers are
to be maximized, even if appropriate management levels are not
immediately achievable. As the Bureau works to substantially
increase on-range gathers for removal, the Committees note
concern over the Bureau's lack of action to secure cheaper and
longer-term off-range holding facilities and pastures. The
Committees further expect the Bureau to demonstrate its ability
to increase its capacity for gathers; procure additional short
and long term holding facilities; and to ensure that adequate
staffing requirements are met, both in the field and in a
location that will facilitate communication with policy makers.
The Bureau shall continue to abide by the Comprehensive Animal
Welfare Program and the statutory restrictions on sale without
restriction, and the directives contained in House Report 116-
100, House Report 116-448, and Senate Report 116-123. Finally,
the Committees believe that the full and successful
implementation of the Bureau's strategy will be greatly
enhanced with a traditional congressional communications policy
that includes regular and timely briefings on the progress
being made and the challenges ahead.
Other Directives.--The Bureau shall continue implementing
the following subject matter directives as detailed in Senate
Report 116-123: soda ash; Arctic economic opportunities; vacant
grazing permits; initiation of a pilot program for oil/gas
permit processing; submission of reports; review of placer mine
validity exams; expeditious cleanup of Alaska Native lands; the
Red River survey; and revegetation standards. With respect to
the revegetation standards directive, the Committees understand
that the applicable standards for the Fortymile Mining District
in Alaska are described in the Placer Mining Final Cumulative
Environmental Impact Statements ordered by the U.S. District
Court (Alaska District) in Sierra Club v. Penfold.
LAND ACQUISITION
(RESCISSION OF FUNDS)
The bill includes a rescission of $5,400,000 of prior year
unobligated balances.
OREGON AND CALIFORNIA GRANT LANDS
The bill provides $114,783,000 for the Oregon and
California Grant Lands appropriation. Specific allocations at
the activity and subactivity level are contained in the table
at the back of this explanatory statement.
Sudden Oak Death Syndrome.--The bill provides funding
adequate to continue efforts at fighting Sudden Oak Death
syndrome.
RANGE IMPROVEMENTS
The bill provides $10,000,000 to be derived from public
lands receipts and Bankhead-Jones Farm Tenant Act lands grazing
receipts.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
(INCLUDING RESCISSION OF FUNDS)
The bill provides an indefinite appropriation estimated to
be $28,000,000 for Service Charges, Deposits, and Forfeitures.
The bill also includes a rescission of $20,000,000 in
unobligated prior year collections.
MISCELLANEOUS TRUST FUNDS
The bill provides an indefinite appropriation estimated to
be $26,000,000 for Miscellaneous Trust Funds.
United States Fish and Wildlife Service
RESOURCE MANAGEMENT
The bill provides $1,379,828,000 for Resource Management.
All programs and activities are funded at the amounts enacted
in fiscal year 2020 unless otherwise specified below or in the
table at the end of this division and the agreement approves
the proposed ethics and general operations transfers. The
Service is expected to comply with the instructions and
requirements at the beginning of this division and in House
Report 116-448 unless otherwise specified below.
Ecological Services.--The agreement provides $269,666,000
for programs and activities within Ecological Services,
including $20,767,000 for listing which provides a program
increase of $500,000 above the enacted level.
The agreement continues the direction regarding lesser
prairie-chicken carried in the explanatory statement
accompanying the Consolidated Appropriations Act, 2020 (Public
Law 116-94) and directs the Service to continue to collaborate
with local and regional stakeholders on improving voluntary
solutions to conserve the species. This will help achieve the
goals of encouraging voluntary conservation and avoiding the
necessity of listing the species. The Service is to provide a
briefing to the Committees on these efforts within 120 days of
enactment of this Act.
The agreement urges the Service to work with State and
local governments before entering into multi-species settlement
agreements. The Consolidated Appropriations Act, 2018 (Public
Law 115-141) included language directing the Service to develop
a plan to improve the transparency of the underlying data used
to make listing determinations and critical habitat
designations. The Service is expected to provide the report
required by the Act and improve upon its efforts to make
underlying data publicly available.
Traditional Knowledge.--The Service has not fully
incorporated traditional Tribal knowledge in its implementation
of the ESA, and when appropriate, is expected to make every
effort to do so. The Service is also expected to engage in
additional outreach to Tribal governments in circumstances
where traditional knowledge may provide valuable information,
including for species like the northern sea otter.
Planning and Consultation.--The agreement provides
$109,251,000 for project permitting and consultation activities
which maintains the enacted level to avoid permitting delays
and to achieve compliance with other statutes and provides a
program increase of $500,000 to build field capacity and focus
on technical assistance as outlined in House Report 116-448.
Within planning and consultation, $4,000,000 is maintained for
Gulf Coast restoration activities.
Conservation and Restoration.--The agreement provides
$34,617,000 for conservation and restoration activities which
includes an increase of $500,000 for the at-risk species
initiative outlined in the budget request and an increase of
$500,000 for a complete survey and stock assessment report of
the northern sea otters in southeast Alaska.
Recovery.--The agreement provides $105,031,000 for
activities in support of the recovery and delisting of
threatened and endangered species which includes: $3,500,000
for the State of the Birds; $1,200,000 for the Prescott Grant
program; and $1,000,000 for the wolf-livestock demonstration
program. The agreement supports focused efforts by the Service
to prevent extinction of the most critically endangered species
but reminds the Service of the critical importance of
continuing to reduce the backlog of 5-year reviews and
associated changes. The Service is directed to include
information on whether there are areas currently under Federal
stewardship where milkweed habitat can be restored, enhanced,
or expanded for monarch butterfly populations in the required
report.
The agreement provides $9,000,000 for Recovery Challenge
matching grants. Program direction contained in House Report
116-448 is amended to allow for grants to be used to develop
and implement recovery outlines, update recovery plans, and
implement high priority recovery actions as prescribed in
recovery plans and other public documents containing specific,
measurable, and prioritized actions to recover federally listed
species.
The Service is directed to develop a multi-year funding
cycle for the State of the Birds program that includes
appropriate considerations for the contingency of future
funding, and to brief the Committees no later than 90 days
after enactment of this Act on the plan and timeline for
implementation.
The agreement acknowledges a highly infectious disease has
been found in the Missouri populations of the Ozark hellbender
and encourages the Service to support recovery efforts.
American Burying Beetle.--The Service proposed to downlist
the American burying beetle from endangered to threatened under
the ESA in May 2019 and has announced the reopening of the
public comment period on the proposed rule. Within funds
provided, the Service is directed to finalize a rule by the end
of the fiscal year that will provide regulatory certainty to
the public while contributing to the conservation of the
American burying beetle.
Grizzly Bears.--The agreement recognizes the conservation
efforts taken by Western States to provide for the full
recovery of the grizzly bear. The Fish and Wildlife Service is
urged to fully consider State conservation efforts and
management plans and the best scientific and commercial data
available while conducting the 5-year status review of the
grizzly bear, and to expeditiously issue a new rule, if
warranted, following the conclusion of the review.
Florida Grasshopper Sparrow.--The Service is directed to
continue to support the Florida grasshopper sparrow recovery
efforts and the agreement maintains the increase provided in
fiscal year 2020. Furthermore, the success of the Service's
captive breeding program as managed by its conservation
partners is encouraging and augmenting the wild population with
captive bred releases as early as this year will mark an
important new phase in the species' recovery. In addition, the
disease and health studies necessary to understand and combat
captive bred sparrow mortality may have important benefits to
the recovery of other endangered birds including the Cape Sable
seaside sparrow.
Sea Otters.--Sea otters play a critical ecological role in
the marine environment as a keystone species that significantly
affects the structure and function of the surrounding
ecosystem. However, sea otters were effectively eliminated from
the Pacific Coast of the United States by hunters and traders
during the 1700s and 1800s. The Service is directed to study
the feasibility and cost of reestablishing sea otters on the
Pacific Coast of the contiguous United States, and to report to
the Committees on the results of such a study within one year
of enactment of this Act.
American Red Wolves.--The agreement supports the Service's
recovery efforts of the American red wolf and recognizes the
tremendous vulnerability of this species. The Service is
encouraged to continue to partner with institutions that have
expertise in ex-situ breeding and care, access to multi-acreage
for research, and controlled habitat for breeding, which will
help avoid negative impacts to landowners and other native
species.
Language contained in Senate Report 116-123 subtitled
Native Handicrafts, Central Everglades Planning Project,
Loxahatchee National Wildlife Refuge, Corolla Wild Horses and
Unknown Florida Panther Disorder is restated. The agreement
reiterates that the Service's 2016 regulation does not apply to
Alaska Native handicrafts made from walrus ivory and mammoth
ivory.
Subsistence Activities.--Marine mammal subsistence harvest
management and enforcement decisions should be, to the extent
practicable, led by Alaska Native Organizations at the local
level, with Federal agencies working in partnership with Alaska
Native Organizations. The Service is expected to finalize a co-
management agreement with the Alaska Nannut Co-Management
Council (ANCC), and in the interim, to work closely with ANCC
on enforcement actions that may arise in relation to
subsistence uses of polar bears. The Service is directed to
provide funding to Alaska Native Organizations with which it
co-manages marine mammals at no less than fiscal year 2020
levels. Within 120 days of the enactment of this Act, the
Service shall submit a report on its efforts to work
collaboratively with other Federal agencies on activities
related to marine mammal subsistence harvests.
Habitat Conservation.--The agreement provides $70,219,000
for habitat conservation programs, of which $56,859,000 is for
the Partners for Fish and Wildlife program and $13,360,000 is
for the Coastal Program. The recommendation provides $1,750,000
for the Chesapeake Bay nutria eradication project and
$5,132,000 for Klamath River habitat restoration.
National Wildlife Refuge System.--The agreement provides
$503,853,000 for the National Wildlife Refuge System.
Wildlife and Habitat Management.--The agreement provides:
$13,425,000 for invasive species; $1,750,000 for the Chesapeake
Bay nutria eradication project; $500,000 to help refuges
improve water efficiency in order to maintain, improve, replace
and upgrade refuge infrastructure on areas such as the Quivira
National Wildlife Refuge; and $1,500,000 for Pacific Marine
National Monuments.
The Service is encouraged to fill long vacant staffing
positions in refuges that have not had a full-time refuge
manager in at least three years. In addition, the Service is
directed to continue to work in cooperation with the National
Oceanic and Atmospheric Administration to support research,
management, and education for existing marine national
monuments off the continental United States.
Rio Mora National Wildlife Refuge.--The Service's efforts
to support staffing and educational programming at Rio Mora
National Wildlife Refuge are appreciated. As the refuge
transitions from nonprofit to Federal support, consistent with
the long-term vision for the refuge, the bill includes funds to
complete the conversion of staff positions. The Service is
urged to open the positions to applicants from both inside and
outside the Federal Government.
Polar Bear Tourism.--There are significant concerns among
residents in Kaktovik, Alaska, related to the Service's program
for polar bear viewing. While tourism has increased
significantly in recent years, there are reports of bears
becoming less fearful of humans as a result of tourism, leading
to more human encounters with bears within the village. In
addition, tourism has reportedly made it more difficult for
residents to travel to and from Kaktovik, given the limited
availability of air service. The Service is instructed to
review its program for polar bear tourism, consult and
incorporate the views of Kaktovik residents in its decisions
related to the program, and explore cooperative management of
the Beaufort polar bear population with Native peoples in the
village.
Continued Funding Prohibitions.--The Service is to continue
to follow the directive from previous fiscal years that
prohibits a caribou hunt on Kagalaska Island and efforts to
remove cattle on Chirikof and Wosnesenski Islands in the State
of Alaska.
Planning and Management of Remote Sites.--Physically
isolated sites present special challenges for the Service
because of the high cost of transportation to and from such
areas. The Service's use of satellites and other remote sensing
data for such areas is commended and the Service is urged to
conduct site assessments in accordance with a comprehensive
plan for conservation and management.
Visitor Services.--The agreement includes $75,033,000 which
includes $5,500,000 for the Urban Wildlife Refuge Partnership
program.
Refuge Maintenance.--The agreement includes $145,822,000
which includes $24,850,000 for annual maintenance and
$46,579,000 for deferred maintenance as requested.
Additionally, $12,201,000 is provided for equipment and vehicle
management and $62,318,000 for maintenance support.
Conservation and Enforcement.--The agreement provides
$157,765,000 for other conservation and enforcement programs as
described below.
Migratory Bird Management.--The agreement provides
$47,873,000 which includes $28,784,000 for Conservation and
Monitoring which includes $600,000 to manage bird-livestock
conflicts and $15,122,000 for the North American Waterfowl
Management Plan/Joint Ventures program.
Law Enforcement.--The agreement provides $86,860,000 for
law enforcement activities to help combat illegal global
wildlife trafficking and implement the Lacey Act, as amended
(Public Law 110-246). The Committees remain concerned about the
global health risk from wildlife to human disease transmission,
which has been heightened by the recent national health
emergencies and includes an additional $3,500,000 for increased
port inspections and $1,500,000 for intelligence efforts which
may also be used as needed to supplement inspections. In
addition, $3,500,000 is provided to continue the Service's work
with the Indian Arts and Crafts Board to combat international
trafficking of counterfeit arts and crafts and to conduct
criminal investigations of alleged violations of the Indian
Arts and Crafts Act.
International Affairs.--The agreement provides $23,032,000
including $10,294,000 for International Conservation and
$12,738,000 for International Wildlife Trade, of which
$3,000,000 is for the electronic permit application and
processing system. Technological innovation has become
increasingly important in wildlife management and the agreement
provides $1,000,000 to implement section 7001 of Public Law
116-9, the Wildlife Innovation and Longevity Driver (WILD) Act,
which established the Theodore Roosevelt Genius Prizes for
technological innovation to help conserve and manage wildlife.
A comprehensive scientific research application has been
submitted by certain Association of Zoos and Aquariums (AZA)
facilities to the Service that could contribute to the
scientific knowledge about polar bear biology and reproduction,
thereby enhancing conservation efforts. The Service is
encouraged to consider this application in a timely fashion.
The recommendation also includes bill language regarding the
obligation and distribution of FY 2018 international grant
funds.
Convention of International Trade in Endangered Species of
Wild Fauna and Flora (CITES) Permits.--The Service is directed
to conduct an internal review of its current CITES Flora
permitting process, in an effort to identify any inefficiencies
resulting in significant delays of permit approval. Within 150
days of enactment of this Act, the Service is to provide a
detailed report of its findings to the Committees. The Service
should consider alternative solutions to the current CITES
permitting process that would ameliorate any delays and include
these suggestions in its report.
The Service is directed to provide the briefing required in
the explanatory statement accompanying Public Law 116-94 on its
current policy for sport-hunted trophies and its analysis on
exporting countries' conservation programs and species survival
within 60 days of enactment of this Act.
Fish and Aquatic Conservation.--The agreement provides
$206,613,000 for fish and aquatic conservation programs.
National Fish Hatchery System Operations.--The agreement
provides $65,551,000 which maintains the enacted level for
programs outlined in House Report 116-448 and includes
$3,750,000 for Klamath Basin restoration activities and
$4,700,000 for mitigation of the Pacific Salmon Treaty of which
$1,556,000 is for the Yukon River Salmon Agreement. The Service
is directed to continue to work in cooperation with State fish
and game agencies on marking of anadromous fish. The agreement
maintains funding for mass marking at the fiscal year 2020
enacted level and provides the requested program increase of
$1,394,000. The Service is encouraged to include adequate
support for mitigation activities at National Fish Hatcheries
in future budget submissions. Additionally, funds are
maintained at the enacted levels for the improvements to
aquatic habitat through the removal of locks and dams, and the
recommendation continues enacted funding for Klamath Basin
restoration and monitoring activities. None of the funds may be
used to terminate operations or to close any facility of the
National Fish Hatchery System. None of the production programs
listed in the March 2013 National Fish Hatchery System
Strategic Hatchery and Workforce Planning Report may be reduced
or terminated without advance, informal consultation with
affected States and Tribes.
Maintenance and Equipment.--The agreement provides
$25,822,000 for maintenance and equipment expenses.
Habitat Assessment and Restoration.--The agreement provides
$42,289,000, which includes $10,000,000 to implement the
Delaware River Basin Conservation Act; $18,598,000 for the
National Fish Passage Program; and $2,750,000 to implement
Klamath Basin restoration activities. The Service is directed
to work with the affected Tribes on fish restoration
activities. The Service's Southeast Region and Kentucky Field
Office is to be commended for its ongoing efforts to work with
Federal, State, and local partners to remove deauthorized and
defunct locks and dams on the Green River and a key tributary,
the Barren River. Removal of additional dams will provide
important ecological, safety, and public access improvements,
benefiting local communities and a growing outdoor recreation
economy, and these efforts are encouraged. The Service is urged
to complete the report on the feasibility of the removal of the
Warren Mill Dam for fish passage. The Service is also
encouraged to support the Delaware River Basin Restoration
Program's existing, successful practice of allowing cash or in-
kind contributions of services or materials to be used for the
non-Department of the Interior share of the cost of a project
funded under the grant program. Within the funds provided,
Klamath Basin restoration activities are maintained at the
enacted levels and the Service is directed to work with the
affected Tribes on fish restoration activities.
National Fish Habitat Program.--The Service has worked to
reduce administrative costs in the National Fish Habitat
Program and is directed to report back within 30 days of
enactment of this Act with an explanation of the actions taken.
Population Assessment and Cooperative Management.--The
agreement provides $31,792,000 which includes $1,890,000 for
Great Lakes Fish and Wildlife Restoration; $818,000 for the
Lake Champlain sea lamprey program; and $250,000 from within
available funds for snakehead eradication.
Aquatic Invasive Species.--The agreement includes
$41,159,000 for the aquatic invasive species programs, of
which: $2,834,000 is to help States implement plans required by
the National Invasive Species Act (NISA); $1,566,000 is for
NISA coordination; $4,088,000 is to implement subsection
5(d)(2) of the Lake Tahoe Restoration Act; $25,000,000 is for
Asian carp as outlined in House Report 116-448 and Senate
Report 116-123 including not less than $3,000,000 for contract
fishing; $3,500,000 is to prevent the spread of quagga and
zebra mussels of which $2,250,000 is for control and
eradication and $1,250,000 is for NISA State and Interstate
Plans; $200,000 for research on hydrilla, eel, and milfoil
invasive grasses; and $1,011,000 is for Great Lakes Sea Lamprey
administration costs. Given that efforts to prevent
introductions of aquatic invasive species are usually much more
efficient than efforts to mitigate or respond to widespread
invasions, the Service is requested to give a high priority to
prevention activities, including inspection and decontamination
efforts at points of entry to regions that are largely
uncontaminated but susceptible to new introductions. Within 120
days of enactment of this Act, the Service shall submit a
report describing its current efforts to prevent the
introduction of invasive species to uninvaded ecosystems.
The Service is directed to pursue technologies to aid in
the elimination, mitigation, or control of aquatic nuisance
species and invasive species, with an emphasis on methods that
do not result in the addition of chemical agents to the
ecosystem and that do not result in harmful secondary by-
products, such as algal blooms, taste and odor concerns, and
toxic by-products. Of particular interest are those
technologies that can be implemented without extensive
infrastructure modification and those that show immediate
economic benefit as compared to the currently used methods of
control, such as periodic physical removal and ongoing or
periodic chemical treatment.
Invasive plant and animal species are a pervasive problem
affecting communities across the Nation. Invasive species such
as the Asian carp, quagga and zebra mussels, emerald ash borer,
Eurasian milfoil, elodea and the hemlock woolly adelgid
threaten our natural resources and wreak havoc on the
communities and industries that rely upon them. Preventing
invasive species from gaining a foothold in our communities and
suppressing established species is of utmost importance. The
recommendation makes several increases to programs designed to
combat invasive species before and after they become a problem.
The Service is encouraged to support research, monitoring, and
mitigation efforts, as well as efforts to disseminate such work
in all regions and the Service is directed to continue to make
available competitive grant funding for projects to eliminate
these destructive, non-native species.
Cooperative Landscape Conservation.--The agreement includes
$12,500,000 for Landscape Conservation Cooperatives (LCCs). The
Service is directed to promptly submit the required report
outlining how this program deviates from that which was
presented to Congress in the annual budget justifications. This
report must include how the Service will engage previous
stakeholders and how conservation efforts are aligned with
partners, especially what will be done to ensure there is
collaborative conservation on a landscape scale in fiscal year
2021 in addition to efforts through Migratory Bird Joint
Ventures; Fish Habitat Partnerships; Nature's Network; the
Southeast Conservation Adaptation Strategy; the Midwest
Landscape Initiative; and the Californian Landscape
Conservation Partnership.
Science Support.--The agreement provides $17,267,000 for
the Science Support program, which includes $3,500,000 for
white nose syndrome and maintains the enacted level for Gulf
Coast ecosystem restoration. The Service is encouraged to
continue dedicating at least $2,000,000 of funds appropriated
in Recovery to white-nose syndrome work. Best practices
developed in response to white nose syndrome are directed to be
applied in response to other new and emerging high-risk
wildlife diseases. The Service should also continue, along with
the U.S. Geological Survey, to lead and implement the North
American Bat Monitoring Program in association with other
Federal natural resource management agencies and offices,
States, Tribes, and non-governmental partners.
General Operations.--The agreement provides $141,945,000
for general operations and includes $25,758,000 for central
office operations; $44,166,000 for management and
administration; and $35,748,000 for Servicewide bill paying.
The National Fish and Wildlife Foundation is funded at
$7,022,000 and the National Conservation Training Center is
funded at $26,014,000. The recommendation includes $3,237,000
for Aviation Management.
The agreement continues support for the Everglades at not
less than the fiscal year 2020 enacted level.
CONSTRUCTION
The bill provides $18,193,000 for Construction which
includes $5,398,000 for line item construction; $5,000,000 for
the backlog of deferred maintenance principally at national
fish hatcheries and national wildlife refuges; $2,427,000 for
bridge and dam safety; and $5,368,000 for nationwide
engineering services. For line item construction, the Service
is expected to follow the project priority list in the table
below. When a construction project is completed or terminated
and appropriated funds remain, the Service may use those
balances to respond to unforeseen reconstruction, replacement,
or repair of facilities or equipment damaged or destroyed by
storms, floods, fires and similar unanticipated natural events.
The Service is directed to provide a spend plan to the
Committees within 120 days of enactment of this Act for the
additional deferred maintenance funding. The detailed
allocation of funding by activity is included in the table at
the end of this explanatory statement.
----------------------------------------------------------------------------------------------------------------
State Refuge, Hatchery, or Other Unit Budget Request This Bill
----------------------------------------------------------------------------------------------------------------
TX............................................ Buffalo Lake NWR................. $1,800,000 $1,800,000
SC............................................ Bears Bluff NFH.................. 1,000,000 1,000,000
WA............................................ Makah NFH........................ 1,000,000 1,000,000
N/A........................................... Branch of Dam Safety (Newly 250,000 250,000
acquired dams)
N/A........................................... Branch of Dam Safety (Seismic 200,000 200,000
safety).
N/A........................................... Information Resources & 250,000 250,000
Technology Management
WY............................................ Saratoga NFH..................... 458,000 458,000
AK............................................ Yukon Delta NWR.................. 380,000 380,000
AZ............................................ Williams Creek NFH............... 60,000 60,000
----------------------------------------------------------------------------------------------------------------
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
(INCLUDING RESCISSION OF FUNDS)
The bill provides $43,340,000 to carry out section 6 of the
Endangered Species Act of 1973, of which $23,702,000 is to be
derived from the Cooperative Endangered Species Conservation
Fund, and of which $19,638,000 is to be derived from the Land
and Water Conservation Fund for Habitat Conservation Plan land
acquisition. When combined with $11,162,000 for species
recovery land acquisition provided through a direct
appropriation, the total amount for section 6 land acquisition
programs is equal to the enacted level of $30,800,000.
The bill includes a rescission of $12,500,000 to be derived
from unobligated balances of appropriations, which shall not
include HCP Land Acquisition balances. The Service is expected
to continue its recent policy of not artificially capping land
acquisition awards for any Habitat Conservation Plan, and to
work expeditiously to spend down unobligated balances.
NATIONAL WILDLIFE REFUGE FUND
The bill provides $13,228,000 for payments to counties from
the National Wildlife Refuge Fund.
NORTH AMERICAN WETLANDS CONSERVATION FUND
The bill provides $46,500,000 for the North American
Wetlands Conservation Fund.
NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND
The bill provides $4,910,000 for the Neotropical Migratory
Bird Conservation Fund.
MULTINATIONAL SPECIES CONSERVATION FUND
The bill provides $18,000,000 for the Multinational Species
Conservation Fund. The detailed allocation of funding by
activity is included in the table at the end of this
explanatory statement.
STATE AND TRIBAL WILDLIFE GRANTS
The bill provides $72,362,000 for State and Tribal Wildlife
Grants which includes $59,000,000 for State Wildlife Formula
grants, $7,362,000 for State Wildlife Competitive grants, and
$6,000,000 for Tribal Wildlife grants. The Service is directed
to provide a report to the Committees within 120 days of
enactment of this Act that examines the allocation of State and
Tribal Wildlife grants for each State over time. The report
should provide data for each of the past 10 years on (1) the
amount of funding provided to each state for both (a) the
formula grants and (b) the competitive grants, and (2) the
number of listed species present in each State.
National Park Service
OPERATION OF THE NATIONAL PARK SYSTEM
The bill provides $2,688,287,000 for Operation of the
National Park System (ONPS), $111,295,000 above the enacted
level and $171,597,000 above the budget request.
For this and all other Service accounts funded in this
bill, the Service is expected to comply with the instructions
and requirements at the beginning of this division and in House
Report 116-448, unless otherwise specified below. Additional
details, instructions, and requirements follow below and in the
table at the end of this division.
The Committees expect the Service to execute its spending
at the levels provided. The Service may not redistribute the
recommendations in a fiscal year 2021 operating plan.
All programs, projects, and activities are funded at no
less than the fiscal year 2020 operating plan levels and the
bill does not include program changes proposed in the budget
request unless otherwise specified. Fixed costs and funding for
the 2021 Presidential Inauguration are provided at the
requested level. The agreement also provides $8,316,000 for New
Responsibilities at New and Existing Park Areas and $22,070,000
for rebuilding the workforce.
Additional funding guidance is provided below.
Resource Stewardship.--The bill includes: $3,925,000 for
the Partnership Wild & Scenic Rivers program and other
similarly managed rivers; $2,000,000 for Active Forest
Management; $3,000,000 for Quagga and Zebra Mussel programs;
$800,000 for Cave and Karst Ecosystem Research; $400,000 for
Recreational Access--Support Alaska Subsistence; $12,316,000
for natural resource projects and $15,239,000 for the National
Trails System. Additionally, the bill provides $1,500,000 for
the national networks, which include the National Underground
Railroad Network to Freedom, the African American Civil Rights
Network, the Reconstruction Era National Historic Network, and
the World War II Heritage Cities Network.
Visitor Services.--Funding is provided at $700,000 for the
Indian Youth Service Corps; $2,400,000 is for Recreational
Access--Recreational Fishing; the National Capital Area
Performing Arts Program and Volunteers in Parks Program are
funded at the enacted level of $2,227,000 and $6,909,000
respectively.
Park Protection.--The bill provides $950,000 for the
Recreation Access--Veteran Fire Corps; $500,000 for the
ProRanger program; and the requested level for Southern Arizona
Office. All other activities are funded at no less than the
enacted level.
Facility Operations and Maintenance.--Cyclic Maintenance
Projects are funded at $188,184,000 and $135,980,000 is
provided for Repair and Rehabilitation Projects. The proposed
reduction for DC Water and Sewer is accepted.
Park Support.--The bill provides $1,000,000 for NPS App
Development to expand public access to Federal recreational
opportunities by developing a servicewide mobile app. The
requested funding to monitor projects funded through the Urban
Park and Recreational Recovery program is also provided. The
requested reductions for the Departmentwide Reorganization Plan
and the shift of ethics functions have been accepted. An
increase of $1,253,000 above the request for New
Responsibilities at New and Existing Park Areas is included for
unanticipated new responsibilities needs in park support, such
as the expanded operational costs for the Blackstone River
Valley National Historical Park associated with meeting the
statutory requirements of Public Law 113-291 and meeting the
security and visitor service needs at Pearl Harbor National
Memorial. The Committees direct the Service to provide a report
within 120 days of enactment of this Act that describes the
amount provided and how these funds will be used.
Commissions.--The recommendation includes $3,300,000 for
the 400 Years of African-American History Commission to be
spent in accordance with the 400 Years of African-American
History Commission Act and $8,000,000 for the
Semiquincentennial Commission to be spent in accordance with
the Semiquincentennial Commission Act of 2016.
Global Positioning System Modernization.--The
recommendation provides $4,000,000 for the replacement of
Global Positioning System (GPS) data collection devices used by
the Service for facilities planning, lands administration,
visitor safety, and infrastructure protection.
National Park Foundation.--The recommendation provides
$5,000,000 for the National Park Foundation, equal to the
fiscal year 2020 level.
Funding is provided at the enacted level for the Service's
Chesapeake Bay Office, the Honouliuli units and Coltsville
National Historic Park, Valles Caldera National Preserve, the
Roosevelt-Campobello International Park, and the Katahdin Woods
and Waters National Monument.
Additional Guidance.--The following additional direction
and guidance is provided with respect to funding provided
within this account:
African-American Heritage in Appalachia.--The Committees
are aware of efforts by the Park Service to work with Marshall
University and regional partners to tell the story of African-
American history and culture in Appalachia, including efforts
to preserve and interpret significant historical sites and
promote heritage tourism opportunities. The Service is
encouraged to continue and expand these efforts, including
working with existing National Park Service units, such as the
Carter G. Woodson Home National Historical Site, to create
additional preservation opportunities and to evaluate the
feasibility of establishing a new heritage center.
Appalachian National Scenic Trail.--The Committees
recognize the cooperative partnership between the Service and
the Appalachian Trail Conservancy in the management and
operation of the Appalachian National Scenic Trail and accepts
the proposed funding increase for the Trail included as part of
the New and Critical Responsibilities initiative. The
Committees are aware that the Trail is experiencing increased
visitation and encourages the Service to include sufficient
resources in future budget requests to meet its expanded
visitor services, law enforcement, compliance, and land
acquisition requirements.
Blackstone River Valley National Historical Park.--The
Service is expected to continue to make funds available to the
local coordinating entity, consistent with funding levels
provided in fiscal year 2020, in order to maintain staffing and
capacity to assist in management of the park, as authorized in
Public Law 113-291. The Service is directed to continue its
work to complete a General Management Plan for the Park, as
required by Public Law 113-291, and to prioritize activities
that will advance development of the Park, including the
establishment of boundaries and the acquisition of key sites as
outlined in the law. The Committees believe the acquisition of
Slater Mill, including its historic dam, will contribute
positively to the cultural, natural, and recreational resource
base of the Park. The Service shall brief the Committees on its
plan to fulfill this directive within 90 days of enactment of
this Act. The Committees further direct the Department of the
Interior to make decisions on all documents related to the
acquisition of Slater Mill no later than 30 days after the
enactment of this Act.
Chesapeake and Ohio Canal National Historical Park.--The
Committees are concerned that the Federal Advisory Commission
for the Chesapeake and Ohio Canal National Historical Park has
not had a scheduled meeting since the first quarter of 2017,
and the Committees expect the Commission to schedule a public
meeting within 90 days of enactment of this Act and to notify
the Committees once such a meeting has been scheduled. The
Committees are also aware that the Service is working with the
U.S. Army Corps of Engineers on a project known as the ``C&O
Canal Re-Watering'' project in Cumberland, Maryland, and
encourages the Service to continue these collaborative efforts
as decisions are made regarding future ownership of the
project.
Continued Directives.--The Committees continue the
directives regarding Director's Order 21, Roosevelt-Campobello
International Park, and Katahdin Wood and Waters National
Monument contained in Senate Report 116-123.
Denali National Park Road.--The Secretary of the Interior,
acting through the Director of the National Park Service, shall
submit to Congress a recommendation on a long-term plan to
reroute or rebuild the Denali National Park Road (Road) within
30 days of enactment of this Act. That recommendation shall
include cost estimates for the options under consideration and
a preferred option. With respect to the preferred option, the
recommendation should also include an estimated project
timeline. The Department shall continue to collaborate with the
U.S. Geological Survey, Federal Highway Administration, and
Army Corps of Engineers to further monitor, predict, and
respond to geohazard threats along the Road. The
multidisciplinary team shall continue to develop both long and
short-term plans to incorporate their findings regarding
geohazards into road maintenance, repair, reconstruction, and
potential reroute planning. Any findings of such an evaluation
shall be included in the quarterly briefings to the Committees.
National and Scenic Trails.--The Committees understand the
importance of providing adequate funding to develop and
maintain the National Trails System for future generations to
enjoy. In preparation for the National Trails System's 50-year
anniversary in 2021, the Committees urge the Service to
continue its efforts to support construction and maintenance
projects and volunteer coordination efforts, including
activities in support of non-unit National Scenic Trails.
The Committees recognize the need for trail building and
repair and commends the Service on its work to engage and
support volunteers who contribute thousands of hours each year
toward completing this work. The Committees encourage the
Service to support the trail design, project planning, and
volunteer coordination necessary to facilitate use of volunteer
hours on non-unit National Scenic Trails.
Outreach.--The Committees continue to support the Service's
continued efforts to increase outreach and work to develop
partnerships and programs with Hispanic Serving Institutions
and Historically Black Colleges and Universities by focusing on
public-private partnerships. These collaborative efforts will
allow our nationally recognized parks to disseminate critical
and historically significant information, such as the National
Underground Railroad collection, to the public through digital
means.
Semiquincentennial Commission.--The Semiquincentennial
Commission is directed to provide the Committees with quarterly
reports detailing spending by activity to continue to help the
Committees understand the Semiquincentennial Commission's
funding needs.
Valles Caldera National Preserve.--The Service is expected
to prioritize the replacement of the Preserve's temporary
facilities in a manner appropriate to the natural setting and
historical character of the area in order to adequately meet
the demands of the visiting public. The Service is directed to
brief the Committees within 120 days of enactment of this Act
regarding future facilities options for the preserve.
White Sands National Park.--The Committees note that Public
Law 116-92, the National Defense Authorization Act for Fiscal
Year 2020, re-designated White Sands National Monument as a
National Park, and the Committees expect the Service to ensure
that the park has the resources and facilities its needs to
accommodate the expected increase in visitation and public
interest.
NATIONAL RECREATION AND PRESERVATION
The bill provides $74,157,000 for national recreation and
preservation, $2,991,000 above the enacted level and
$40,233,000 above the budget request. The amounts recommended
by the Committees compared with the budget estimates by
activity are shown in the table at the end of this explanatory
statement.
Natural Programs.--The recommendation includes $10,699,000
for Rivers, Trails, and Conservation Assistance; and $3,000,000
for Chesapeake Bay Gateways and Watertrails.
Cultural Programs.--The bill provides $1,907,000 for Native
American Graves Protection and Repatriation Grants; $3,155,000
for Japanese Confinement Site Grants; and, $1,250,000 for
grants to nonprofit organizations or institutions for the
purpose of supporting programs for Native Hawaiian or Alaska
Native culture and arts development. The agreement also
includes $2,500,000 for the competitive grant program
authorized by the 9/11 Memorial Act (Public Law 115-413).
Heritage Partnership Programs.--The recommendation provides
$23,889,000 for the Heritage Partnership Program, including
$22,883,000 for Commissions and Grants, which is sufficient to
provide stable funding sources for both newly authorized and
existing National Heritage Areas. The directive contained in
the explanatory statement that accompanied Public Law 116-6
with regards to funding distribution is continued.
HISTORIC PRESERVATION FUND
The bill provides $144,300,000 for historic preservation,
$25,640,000 above the enacted level and $103,628,000 above the
budget request.
Competitive Grants.--The recommendation provides
$16,750,000 for competitive grants to document, interpret, and
preserve historical sites associated with the African American
Civil Rights Movement; $3,375,000 for the newly established
civil rights grant program that would preserve and highlight
the sites and stories associated with securing civil rights for
All Americans, including women, American Latino, Native
American, Asian American, Pacific Islander, Alaska Native,
Native Hawaiian, and LGBTQ Americans; and, $1,000,000 for
grants to under-represented communities.
Paul Bruhn Historic Revitalization Grants.--The bill
provides $7,500,000 for historic revitalization grants and
retains the directives regarding the distribution of funding
included in Senate Report 116-123.
Semiquincentennial Preservation Grants.--The Committees are
aware that there are many publicly owned and operated historic
sites and structures that commemorate the Revolutionary War and
the creation of the United States that are in need of
preservation. To better prepare for the upcoming
Semiquincentennial celebration and to celebrate the Nation's
history, the Committees have included bill language to create a
new, $10,000,000 competitive grant program within the Historic
Preservation Fund to support restoration of State-owned
historic sites and structures that honor and interpret the
country's founding, including Revolutionary War battle and
commemorative monuments. A site must be listed on the National
Register of Historic Places in order to be eligible to compete
for funding.
The Committees are concerned by the March 1, 2019, proposal
by the Service to modify the long-standing procedure used to
nominate properties for inclusion on the National Register of
Historic Places (84 Fed. Reg. 6996). The Committees spoke to
this concern in the explanatory statement accompanying Public
Law 116-94, and directed the Department to complete meaningful
government-to-government consultation with Tribes pursuant to
Executive Order 13175 and consult with other Federal land
management agencies, State and tribal historic preservation
officers, or other key stakeholders prior to finalizing or
implementing the rule. The Committees are not aware of any
subsequent efforts by the Department to comply and expect the
Department to comply with the directive from fiscal year 2020
prior to implementation of the rule.
CONSTRUCTION
The bill provides $223,907,000 for construction,
$165,438,000 below the enacted level and $31,258,000 above the
budget request.
Line-Item Construction.--Funding for line-item construction
projects is provided as outlined in the table contained in
House Report 116-448.
Natchez Trace Bridge Barrier Coalition.--The Committees are
aware of the work of the Natchez Trace Bridge Barrier Coalition
and direct the Service to prioritize efforts to work with
regional leadership and stakeholders to explore options for
adding a barrier to the Double Arch Bridge.
Special Resource Study of Thurgood Marshall School.--The
Committees encourage the Secretary to continue efforts to carry
out the Congressionally-authorized special resource study to
evaluate the national significance of an area in West
Baltimore, Maryland, that includes the school attended by
Justice Thurgood Marshall, and to determine its suitability to
serve as a future unit of the national park system.
Fletcher's Cove.--The Committees encourage the Park Service
to continue working with the Friends of Fletcher's Cove on
suitable short-term and long-term solutions to address the
increased sedimentation that is prohibiting access to the
Potomac River. The Park Service is also encouraged to identify
appropriate funding sources to implement the necessary
solutions.
LAND ACQUISITION AND STATE ASSISTANCE
(RESCISSION OF FUNDS)
The bill includes a rescission of $23,000,000 of prior year
unobligated balances from funds originally made available in
fiscal year 2017 and prior years.
CENTENNIAL CHALLENGE
The bill provides $15,000,000 for the Centennial Challenge
matching grant program, equal to the enacted level and
$15,000,000 above the budget request.
United States Geological Survey
SURVEYS, INVESTIGATIONS, AND RESEARCH
The bill provides $1,315,527,000 for Surveys,
Investigations, and Research of the U.S. Geological Survey
(USGS, or the Survey). The Survey is expected to comply with
the instructions and requirements at the beginning of this
division and in House Report 116-448 unless otherwise specified
below.
Ecosystems.--The agreement provides $259,077,000 as
outlined below.
Environmental Health Program.--The agreement provides
$24,745,000 for Environmental Health, which includes
$10,397,000 for Contaminant Biology and $14,348,000 for Toxic
Substances Hydrology. The recommendation includes no less than
$2,000,000 for research on harmful algal blooms and $2,700,000
for research on the transmission of per- and polyfluoroalkyl
substances (PFOA/PFAS) in watersheds and aquifers. The Survey
is to continue its research as directed in House Report 116-
448.
Species Management Research Program.--The agreement
provides $53,914,000 and recognizes the need for increased
water quality and fishery health research in southern Lake
Superior around unique Great Lakes archipelagos. The Survey is
directed to report within 180 days of the date of enactment of
this Act on how current facilities affect the scope and
efficiency of this work and how it could be extended through
community involvement and additional laboratory capacity,
including financial estimates for facilities and personnel.
The agreement includes $500,000 to continue competitively
awarding grants for applied research to develop a system for
integrating sensors. The expectation remains that by working
with partners, such as academic institutions, small businesses,
and other government research organizations to submit
innovative proposals to perform complementary development of
technologies, the Survey can develop a convergent platform that
enables existing and future sensor technologies to be deployed
in extreme environments where real-time information is
required.
Land Management Research Program.--The agreement provides
$56,681,000 and expects work to continue at the enacted levels
for other priority landscapes such as the Arctic, Puget Sound,
California Bay Delta, Chesapeake, Everglades, Great Lakes, and
Columbia River.
Biological Threats and Invasive Species Research Program.--
The recommendation provides $38,249,000 including $3,720,000
for chronic wasting disease. In carrying out chronic wasting
disease research, the Survey may consult, partner, or contract
with the Animal and Plant Health Inspection Service, the
National Academy of Sciences, State and Federal public and
private entities, and any chronic wasting disease task forces
and working groups. Collaboration should continue with partners
to develop early detection tools and compounds to disrupt
transmission of the disease. In particular, the recommendation
encourages research and investment into carcass disposal
methods to mitigate the spread of chronic wasting disease, and
the Survey is urged to consult with the Environmental
Protection Agency, the Federal Emergency Management Agency,
Tribes, and States to develop recommendations for carcass
disposal methods that are compliant with relevant Federal clean
air and water and solid waste regulations. The Survey is also
encouraged to work in collaboration with the Fish and Wildlife
Service to aid State and Tribal wildlife agencies in the
application of existing human dimensions research to the
management and prevention of chronic wasting disease. The
agreement provides $500,000 for Coral disease and $10,620,000
for Asian carp research, of which $3,000,000 is for research on
grass carp. The direction found in Senate Report 116-123 is
continued for white nose syndrome, Asian carp, Coral disease,
and invasive species research, detection, and response efforts.
Climate Adaptation Science Center and Land Change Science
Program.--The recommendation provides $60,488,000 of which
$41,335,000 is for the National and Regional Climate Adaptation
Science Centers for the purposes outlined in House Report 116-
448. This funding level provides no less than $4,000,000 for
the development and operation of the Midwest Climate Adaptation
Science Center as provided for in Public Law 116-94. The
agreement also provides $19,153,000 for Land Change Science.
Cooperative Research Units Program.--Cooperative Research
Units (CRUs) are funded at $25,000,000 in accordance with the
specifications outlined in House Report 116-448 and the enacted
level of $250,000 for moose research is continued. The
agreement continues the notation regarding CRUs found in Senate
Report 116-123 and CRUs are expected to coordinate with the
United States Fish and Wildlife Service.
Energy and Mineral Resources.--The Survey is expected to
work collaboratively with State geological surveys to focus
resources toward completing its core task of geologically
surveying regions of the country that have high quality mineral
and energy resources that remain unmapped at a useable scale,
such as the Arctic mineral belt, which includes the Yukon
Tanana Uplands. The Survey will consult with State geological
surveys to update and conduct new evaluations of oil and gas
resources in low-permeability reservoirs, as in previous years.
The agreement provides $90,041,000 for Energy and Mineral
Resources. Mineral Resources is funded at $59,869,000 which
maintains $10,598,000 for the critical minerals Earth Mapping
Resources Initiative (Earth MRI). Energy Resources is funded at
$30,172,000 to continue the implementation of Secretarial Order
3352 and conduct research of the underlying geological,
geophysical, and geothermal conditions of undiscovered,
technically recoverable energy resources.
The Survey is directed to provide a report to the
Committees within 270 days of the date of enactment of this Act
on potential initiatives to increase the supply of critical
minerals. Such report shall examine barriers to producing,
processing, recycling, stockpiling, and identifying critical
minerals alternatives or substitutes, as well as examine
possible obstacles for securing appropriate funding for these
projects, and include ways in which the Survey and other
Federal agencies can assist in mitigating such barriers. The
report shall also include an assessment of the need and
feasibility of creating critical minerals stockpiles and
provide a list of critical minerals, and the Nation's
associated dependence on the imports of such critical minerals,
while examining potential domestic sources of such minerals.
Natural Hazards.--The agreement provides $175,484,000 for
the Natural Hazards Program, including $85,403,000 for
earthquake hazards. Within this funding, $25,700,000 is
included for continued development and expansion of the
ShakeAlert West Coast earthquake early warning (EEW) system.
The recommendation continues no less than the enacted level for
the national seismic hazard map, including for expansion to
Puerto Rico and the Virgin Islands, for regional networks to
operate and maintain recently acquired USArray stations, for
the Advanced National Seismic System (ANSS) and for regional
seismic networks. In addition, the agreement continues
direction in Senate Report 116-123 regarding the national
seismic hazard maps.
The agreement provides $30,266,000 for volcano hazards,
which maintains programs at the enacted level. The
recommendation includes funding necessary for the National
Volcano Early Warning and Monitoring System (NVEWS), which will
vastly improve, organize, and modernize volcano monitoring
efforts in the United States to mitigate volcanic hazards.
The recommendation includes $8,038,000 for landslide
hazards which includes an additional $4,000,000 above the
fiscal year 2020 enacted level to address concerns that the
potential for a major landslide and subsequent tsunami exists
in Prince William Sound, Alaska. The Survey is directed to
conduct data collection and analysis to develop a site-specific
landslide hazard assessment and recommendations to support a
long-term monitoring strategy. Additionally, the Survey is
directed to work with area stakeholders, the Department of
Homeland Security, the National Oceanic and Atmospheric
Administration, the Forest Service, and other relevant Federal,
State, and local agencies to develop an emergency early warning
system to alert of an impending or actual landslide that could
result in a tsunami.
The agreement provides $7,153,000 for the Global
seismographic network; $4,114,000 for Geomagnetism; and
$40,510,000 for Coastal/Marine Hazards.
Water Resources.--The agreement provides $263,120,000 for
Water Resources, with $64,529,000 directed to activities
associated with the Cooperative Matching Funds. Water
Availability and Use Science is funded at $57,987,000, which
includes $6,000,000 for the Mississippi Alluvial Plain Aquifer
Assessment; $1,000,000 for the U.S. Mexico transboundary
aquifer assessment; $1,000,000 for research on water extraction
for bottling; and $9,500,000 to develop advanced modeling,
tools, state-of-the-art forecasts, and decision support systems
into daily water operations at the new Hydrologic
Instrumentation Facility (HIF). As water resources become
increasingly scarce, sound management of groundwater requires a
detailed understanding of aquifers' relationships with surface
water sources. The Water Availability and Use Science Program
supports research and projects that advance the goal of
improving our understanding of water budget components at the
national and regional level. Such research is especially
important in fully appropriated basins, when water is proposed
to be transferred outside of the basin. Groundwater and
Streamflow Information is funded at $100,673,000 which includes
$1,500,000 for implementation of a baseline strategy for
transboundary rivers; $120,000 for the streamgage on the Unuk
River; $1,500,000 for streamgages on certain transboundary
rivers; $500,000 to install a new super gage and maintain
operational capacity within the existing super-gage network
along the Ohio River in basins containing unique geology,
distinct soils, and a significant agricultural presence; and an
additional $16,000,000 above the enacted level for the Next
Generation Water Observing System at the new HIF.
The recommendation supports the Survey's continued efforts
in piloting the Next Generation Water Observing System (NGWOS)
and encourages the Survey to partner, where appropriate, with
State and local government officials and with the academic
research community. The agreement supports the NGWOS pilot in
the Delaware River Basin and encourages the Survey to continue
to study and monitor surface water and groundwater in the lower
basin of the Delaware River and to provide geologic mapping of
the basin in support of the pilot through the National Geologic
Mapping Program.
The recommendation directs the Survey to continue to expand
its streamgage monitoring of transboundary watersheds and to
work with the Environmental Protection Agency to ensure the
relevant equipment is deployed to the Kootenai watershed to
support the Agency's work to evaluate and reduce transboundary
pollution. Direction is continued to the Survey to enter into a
formal partnership with local Tribes and other Federal agencies
as necessary in the area to develop a water quality strategy
for the transboundary rivers.
The recommendation includes $93,460,000 for the National
Water Quality program which includes $5,490,000 for harmful
algal bloom research; $1,500,000 for urban waters; and $300,000
for Shallow and Fractured Bedrock Terrain research. Water
Resources Research Institutes are funded at $11,000,000, of
which $1,000,000 is for research as directed in House Report
116-448.
Core Science Systems.--The agreement provides $252,688,000,
which includes $25,972,000 for science, synthesis, analysis,
and research. National Cooperative Geologic Mapping is funded
at $40,397,000 which provides $16,000,000 for Phase Three of
the National Geologic Database as outlined in House Report 116-
448. The recommendation supports the continued operations of
the Alaska Mapping Executive Committee and encourages 3DEP
funds to be used to support implementation of the Presidential
Memorandum on Ocean Mapping of the United States Exclusive
Economic Zone and the Shoreline and Nearshore of Alaska.
The National Geospatial program is funded at $79,454,000
which includes no less than $46,000,000 for the 3D Elevation
program (3DEP) to be utilized as directed in House Report 116-
448; maintains the enacted level of funding for the US Topo
program to procure product-on-demand updates and to produce
digital surface models using unclassified satellite optical
data for the U.S. and territories not mapped with LiDAR in 2021
in collaboration with appropriate U.S. agencies; and provides
no less than $7,722,000 for the Alaska mapping and map
modernization initiative, which includes modernizing Alaskan
hydrography, topography, and imagery datasets. It is expected
that any funding awarded outside the Federal sector will
undergo a competitive review process.
The National Land Imaging program is funded at $106,865,000
which includes the enacted level of $84,337,000 for Satellite
Operations.
Science Support.--The agreement includes $95,734,000 which
includes $73,787,000 for administration and management and
approves the requested ethics transfer, and $21,947,000 for
Information Services.
Facilities.--The agreement includes $179,383,000 for
facilities, deferred maintenance and capital improvement.
Within these amounts, $104,719,000 is included for rental
payments and operations and maintenance. The recommendation
provides $74,664,000 for deferred maintenance and capital
improvement which includes $55,500,000 needed for the first
phase of the renovation of the National Wildlife Health Center.
The agreement supports the work of the National Wildlife Health
Center and its important role in zoonotic research for
detecting novel pathogens and emerging infectious diseases,
developing rapid diagnostic tests, conducting disease
surveillance, and designing vaccines used to control these
diseases. State-of-the-art improvements to the facility at its
current location should include substantial testing resources
that will provide surge capacity for processing tests during
pandemics, as well as dedicated space for research and
emergency response capacity across Federal ``One Health''
agencies. Within the funds provided for deferred maintenance
and capital improvements, the Survey is directed to obligate
the funds that are necessary to meet the needs of the new HIF
in fiscal year 2021.
BUREAU OF OCEAN ENERGY MANAGEMENT
OCEAN ENERGY MANAGEMENT
(INCLUDING RESCISSION OF FUNDS)
The bill provides $192,815,000 for the Ocean Energy
Management appropriation, which is partially offset through the
collection of rental receipts and cost recovery fees totaling
$63,055,000, resulting in a net appropriation of $129,760,000.
Specific allocations at the activity level are contained in the
table at the back of this explanatory statement. Of the
increase provided for the Marine Minerals Program, no less than
$2,000,000 shall go to activities which supplement the Bureau's
planned action on an inter-agency comprehensive critical
mineral assessment as detailed in its Fiscal Year 2021 request.
The bill also contains a rescission of $2,000,000 in
unobligated prior year funds.
Offshore Wind Site Identification.--The Bureau should
continue to work with the Department of Energy to identify and
permit a national offshore wind test site and to exchange
information with the Department and the coastal States about
the development of new technology related to the structural
material, environmental, and design safety criteria, as well as
design and performance standards of transitional depth and
floating wind turbines. The Bureau is also expected to continue
working with coastal States and other stakeholders to study new
wind energy areas, including in shallow, transitional, and deep
(over 200 feet) waters.
Quarterly Reporting.--The Bureau is reminded to continue to
provide quarterly reports on the status of exploration and
development plans to the House and Senate Committees on
Appropriations as required under the approval of the
reorganization of the Bureau of Ocean Energy Management,
Regulation and Enforcement.
Offshore Wind Permitting.--The Committees on Appropriations
remain concerned that unreliable schedules for permit
processing and environmental reviews have created uncertainty
for the long-term viability of offshore wind development. The
bill thus provides an increase over the enacted level of
$5,140,000 in the renewable energy activity to improve the
Bureau's permit processing capacity. With this increase, the
Bureau is directed to ensure timely permitting and a
predictable regulatory environment for offshore wind
development. The Committees further support rigorous
stakeholder consultation and expect the Bureau to consider
input from commercial and recreational fishermen, locally
affected communities, and other overlapping uses and
stakeholders at each stage of the leasing and development
process.
North Carolina Offshore Wind Leases.--According to
information provided by the Bureau to the Senate Appropriations
Committee, the Bureau does not anticipate lease sales will be
held for offshore areas of North Carolina during fiscal year
2021. The Bureau is directed to work with local stakeholders,
industry, and State task forces to address potential local
concerns related to visual impacts of any proposed leasing
activity in subsequent fiscal years.
Marine Minerals Plan.--Within 45 days of enactment of this
Act, the Bureau shall provide a briefing and plan on its marine
minerals program activities for fiscal year 2021.
Preleasing.--The Bureau is directed to brief the Committees
on its definition of Outer Continental Shelf preleasing
activities within 60 days of enactment of this Act.
Bureau of Safety and Environmental Enforcement
OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT
(INCLUDING RESCISSION OF FUNDS)
The bill provides $193,812,000 for the Offshore Safety and
Environmental Enforcement appropriation. This amount is
partially offset through the collection of rental receipts,
cost recovery fees and inspection fees totaling $73,647,000,
resulting in a net appropriation of $120,165,000. Specific
allocations at the activity level are contained in the table at
the back of this explanatory statement. The increase in the
Operations activity is for additional safety personnel. The
bill also contains a rescission of $10,000,000 in unobligated
prior year funds.
OIL SPILL RESEARCH
The bill provides $14,899,000 for Oil Spill Research.
Office of Surface Mining Reclamation and Enforcement
REGULATION AND TECHNOLOGY
(INCLUDING RESCISSION OF FUNDS)
The bill provides $117,768,000 for the Regulation and
Technology appropriation. Specific allocations at the activity
level are contained in the table at the back of this
explanatory statement. The bill provides the full enacted level
of $68,590,000 for State and Tribal regulatory grants, ensuring
each State and Tribe receives requested funding for program
operations, and excess amounts, if any, subject to the
Committees' reprogramming procedures. The bill also rescinds
$25,000,000 of built up carryover balances that are no longer
necessary.
ABANDONED MINE RECLAMATION FUND
(INCLUDING RESCISSION OF FUNDS)
The bill provides $139,831,000 for the Abandoned Mine
Reclamation Fund appropriation. Specific allocations at the
activity level are contained in the table at the back of this
explanatory statement. Of the funds provided, $24,831,000 is
derived from the Abandoned Mine Reclamation Fund, and
$115,000,000 is derived from the General Fund and shall be
distributed to states consistent with the direction provided in
Senate Report 116-123. The bill also includes a rescission
$10,000,000 from prior year unobligated funds.
INDIAN AFFAIRS
Bureau of Indian Affairs
OPERATION OF INDIAN PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $1,616,532,000 for Operation of Indian
Programs. All programs, projects, and activities are maintained
at fiscal year 2020 levels, except for requested fixed cost
increases and internal transfers, or unless otherwise specified
below. For this and all other Bureau accounts funded in this
bill, Indian Affairs is expected to comply with the
instructions and requirements at the beginning of this division
and in House Report 116-448, unless otherwise specified below.
Language contained in Senate Report 116-123 regarding
Government Accountability Office (GAO) high risk management
challenges; GAO recommendations and funding of road
maintenance; funding for all Tribes with resource challenges;
transboundary rivers; protecting Indian trust resources from
wildfire and threats; Office of Wildland Fire; inventory of
wells; GAO recommendations and barriers to resource
development; and Public Law 102-477 is restated. Additional
details, instructions, and requirements are included below and
in the table at the end of this division. Indian Affairs is
reminded of the importance of meeting reporting requirement
deadlines so that the Committees can properly evaluate
programs. Failure to do so could negatively impact future
budgets.
Tiwahe.--The bill continues the Tiwahe Initiative at fiscal
year 2020 levels across all programs and activities with
funding distributed in the same amounts to the same recipients,
including the funding to support women and children's shelters.
There is concern that Tiwahe funding was not properly
documented or distributed as outlined in the Office of
Inspector General report published in 2018; therefore, the
Bureau of Indian Affairs (BIA) is directed to submit the final
reports as directed by House Report 115-765 and Senate Report
116-123 within 90 days of enactment of this Act. The bill
provides that $1,000,000 of funds provided for Assistant
Secretary Support within Executive Direction and Administrative
Services is not available for obligation until Indian Affairs
provides the requested Tiwahe reports to the Committees.
Tribal Government.--The recommendation provides
$341,031,000 for Tribal government programs and includes an
additional $500,000 for school bus roads in the Road
Maintenance program and a total of $1,624,000 for New Tribes
funding.
Human Services.--The bill provides $161,226,000 for human
services programs. The agreement includes $16,907,000 for the
Indian Child Welfare Act, which continues $1,000,000 to
implement section 202 of the Indian Child Welfare Act (25
U.S.C. 1932), and a general program increase of $2,000,000 for
Welfare Assistance for a total funding level of $78,000,000.
BIA is instructed to report back within 30 days of enactment of
this Act on how this funding will be distributed. The
Committees remain concerned about previous transfers in funding
for welfare assistance, social services, and the Indian Child
Welfare Act (Public Law 95-608), and direct the Bureau to brief
the Committees within 30 days of enactment of this Act
regarding the formula and funding allocation for these
activities.
Trust--Natural Resources Management.--The bill provides
$258,842,000 for natural resources management programs. Within
Natural Resources (TPA), $1,000,000 is provided for the Indian
Youth Service Corp, authorized by section 9003 of the John D.
Dingell, Jr. Conservation, Management, and Recreation Act of
2019. In addition, funding to implement section 7 of the Elwha
River Ecosystem and Fisheries Restoration Act (Public Law 102-
495) has been completed and the reduction of $2,000,000 is
reflected in the total. In addition, $42,811,000 is provided
for Rights Protection Implementation, of which an increase of
$1,000,000 over the fiscal year 2020 enacted level is for law
enforcement needs for treaty sites on the Columbia River. The
agreement continues funding for the Everglades and the Pacific
Salmon Treaty at fiscal year 2020 levels.
The Committees are aware that the Bureau is in the process
of analyzing additional funding requirements needed to support
the sites and implement the Columbia River In-Lieu and Treaty
Fishing Access Sites Improvement Act (Public Law 116-99), and
expect the Bureau to provide a report within 90 days of
enactment of this Act that details how the increased funds
provided by Congress in fiscal years 2020 and 2021 were
allocated and what additional resources are necessary to ensure
adequate infrastructure, security, and sanitation at the sites
in future fiscal years.
Within the Tribal Management Development program, the bill
includes an additional $200,000 to advance the understanding of
salmon and steelhead habitat for a total of $830,000. Funding
is continued at fiscal year 2020 enacted levels to develop
Tribal buffalo herds and support related activities; and for
pilot projects and programs for Alaska subsistence activities
as further outlined in Senate Report 116-123. The Bureau is
expected to continue pilot projects and programs for Alaska
subsistence and keep the Committees apprised of changes in the
distribution methodology. In addition, the agreement includes
$4,208,000 for Endangered Species; $16,956,000 for Tribal
Climate Resilience/Cooperative landscape conservation;
$10,776,000 for Invasive Species within the Agriculture Program
(TPA); a $500,000 increase for water management, planning and
pre-development for a total of $9,052,000; and an additional
$1,000,000 for Fish, Wildlife and Parks Projects for a total of
$10,945,000.
The Committees note that BIA has not yet complied with a
directive included in Senate Report 116-123 to produce and make
publicly available a list of Tribes that have established
fishing rights and operate fish hatcheries but do not currently
receive fish hatchery operations funding. The Committees expect
the Bureau to transmit such list to the Committees within 60
days of enactment of this Act. The Bureau is urged to continue
to work with the Tolowa Dee-Ni' Tribe and the State of
California regarding a reserved fishing right.
The requested move of Minerals and Mining from Community
and Economic Development to Trust--Natural Resources Management
is approved, however, it is expected that there will be no
reduction or relocation of FTEs.
The Committees are particularly concerned about coastal
Tribal communities and Alaska Native Villages that face severe
challenges to their long-term resilience due to climate change
impacts and expect the Bureau to prioritize the needs of Tribal
communities that face significant threats to public safety,
sacred sites, and natural resource values, including threats to
endangered or threatened species.
The agreement includes $600,000 for the Assistant Secretary
for Indian Affairs to continue its support for ongoing Tribal
cultural resource investigations in the Chaco Canyon region of
the Southwest, as instructed in the explanatory statement
accompanying the Further Consolidated Appropriations Act, 2020
(Public Law 116-94).
Trust--Real Estate Services.--The bill provides
$140,663,000 for real estate services, of which an additional
$500,000 is for Environmental Quality Projects; an additional
$400,000 is for Water Rights Negotiation; and an additional
$300,000 is for rights protection litigation support. Funding
is continued at enacted levels with fixed costs for the Alaska
Native Claims Settlement Act historical places.
The Committees are concerned that recruitment and retention
challenges for positions related to Trust-Real Estate Services
negatively impact the ability of the Department in carrying out
its duties as a Trustee for Indian trust lands and interfere
with Tribal economic development opportunities. In addition to
the agency-wide staffing and vacancies report, the Bureau is
directed to brief the Committees within 180 days of enactment
of this Act regarding pay disparities for real estate and
appraisal personnel between the Bureau and other Federal
agencies.
The Committees are aware of ongoing process issues
concerning the receipt of paperwork to the Office of Trust
Services. It is the Committees' understanding that the Office
of Trust Services has no standard procedure for how it receives
inter-agency or external documentation via mail. The lack of
procedure has resulted in the loss and re-issuance of timely
transfer paperwork needed for Tribal development. Given these
ongoing issues, the BIA shall report to the Committees within
90 days of enactment of this Act on the standard procedure
being established to confirm receipt of paperwork received
through the mail and ensure it is forwarded to the appropriate
recipient. Additionally, the report shall cover any inter-
agency coordination that is being updated to comply with the
new procedure.
Public Safety and Justice.--The bill provides $448,722,000
for public safety and justice programs. Language contained in
the explanatory statement to accompany the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) regarding
coordination and data collection among law enforcement is
restated. Within Criminal Investigations and Police Services,
an additional $2,000,000 is provided to solve Missing and
Murdered Indigenous Women cold cases, an additional $1,000,000
is for background checks to hire more law enforcement officers;
and an additional $500,000 is for law enforcement to implement
the Native American Graves Protection and Repatriation Act
(NAGPRA).
The agreement includes $106,407,000 for Detention/
Corrections. The amount for this program is reduced by
$2,500,000 to account for savings from unstaffed regional
detention facilities but the program recommendation also
includes an additional $1,000,000 to supplement fiscal year
2020 funding levels to hire additional detention/corrections
staff at facilities located on Indian lands and an additional
$1,000,000 to expedite background checks for detention
facilities.
The recommendation includes $19,783,000 for Law Enforcement
Special Initiatives, of which an additional $1,000,000 is to
purchase equipment to collect and preserve evidence at crime
scenes throughout Indian Country; $750,000 is to increase the
number of Victim Witness Specialists; and $3,020,000 is to
address missing and murdered indigenous women, as requested by
the Administration.
The recommendation continues $2,500,000 to focus on
advanced training needs to help address the crisis for missing,
trafficked, and murdered indigenous women. These activities
shall focus on training for detectives, forensics, and other
specialized courses in an effort to provide greater access to
programs for Indian Country law enforcement personnel to create
safer communities. This advanced training shall not duplicate
those activities at the Indian Police Academy, which continues
as the central justice services training location for Tribal
law enforcement, including for entry-level law enforcement
officers, agents and corrections officers, and the agreement
provides full funding for these programs.
Within Tribal Justice Support, $3,000,000 is continued for
activities to implement and ensure compliance with the Violence
Against Women Act and $15,000,000 is to address the needs of
Tribes affected by Public Law 93-280 and as further outlined in
the Senate Report 116-123. An additional $500,000 is included
for facilities operations and maintenance to supplement fiscal
year 2020 funding levels for facilities located on Indian lands
and an additional $2,000,000 is provided for Tribal Courts
(TPA).
Community and Economic Development.--The bill provides
$24,472,000 for community and economic development programs,
which reflects the transfer of Minerals and Mining to Trust--
Natural Resources Management, and includes $13,515,000 for Job
Placement and Training (TPA) and $3,266,000 for Economic
development (TPA), of which $500,000 is for business
incubators, and $7,691,000 is for Community Development Central
Oversight, of which an additional $500,000 is to implement the
NATIVE Act and $500,000 is for the HEARTH Act. The agreement
continues $3,000,000 for grants to federally recognized Indian
Tribes and Tribal organizations to provide native language
instruction and immersion programs to Native students not
enrolled at BIE schools, including those Tribes and
organizations in states without Bureau-funded schools.
Executive Direction and Administrative Services.--The bill
includes $241,576,000 for executive direction and
administrative services, of which: $10,788,000 is for Assistant
Secretary Support, which includes $400,000 to implement the
PROGRESS Act. The bill also withholds $1,000,000 until the
Secretary provides the requested Tiwahe reports. The Committees
intend that no other programs or activities will be reduced to
offset the decreased funds until the reports are provided. The
agreement rejects the reduction to Labor-Related payments.
CONTRACT SUPPORT COSTS
The bill provides an indefinite appropriation for contract
support costs, consistent with fiscal year 2020 and estimated
to be $335,000,000.
PAYMENTS FOR TRIBAL LEASES
The bill includes language establishing an indefinite
appropriation for payment of Tribal leases under section 105(l)
of the Indian Self-Determination and Education Assistance Act,
which are estimated to be $21,593,000 in fiscal year 2021. The
new account provides additional budget authority to fully fund
such costs without the need for reprogramming, if actual costs
exceed the current estimate. Indian Affairs is reminded of the
directive to continue to seek a longer-term solution, as
contained in the explanatory statement accompanying Public Law
116-94. Further direction is provided in the bill under Title
IV of this division.
CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
The bill provides $128,818,000 for Construction. All
programs, projects, and activities are maintained at fiscal
year 2020 levels, except for requested fixed cost increases and
transfers, or unless otherwise specified below. Language
contained in Senate Report 116-123 regarding dam safety is
restated.
Public Safety and Justice Construction.--The bill provides
$42,811,000 for public safety and justice construction and
includes the following: $25,500,000 for facilities replacement
and new construction; $4,494,000 for employee housing;
$9,372,000 for facilities improvement and repair; $171,000 for
fire safety coordination; and $3,274,000 for fire protection.
Green Infrastructure.--With the funds provided, the
agreement continues to encourage the Department to include
green infrastructure as stated in the explanatory statement
accompanying Public Law 116-94 and to submit a report to the
Committees on Appropriations within 90 days of enactment of
this Act describing how the Department incorporated these
activities.
The Bureau is expected to distribute funds provided in this
Act to expeditiously complete construction of adult detention
center projects that were previously awarded. Remaining amounts
should be considered available for all public safety and
justice facilities, consistent with previous direction.
Direction is reiterated for the Bureau to: (1) produce and
maintain a plan to improve public safety and justice facilities
in poor condition; and (2) provide a draft plan within 120 days
of enactment of this Act with next steps including Tribal
consultation.
The Committees are aware there are many condemned
facilities across the country including the Hopi, White
Mountain Apache, and San Carlos Apache public safety and
justice facilities. The Bureau is directed to report back
within 90 days of enactment of this Act with a comprehensive
list of condemned facilities that need to be replaced.
Additionally, the Bureau is directed to provide a briefing to
the House and Senate Committees on Appropriations on its long-
term plans for the replacement of the ``Building 86'' public
safety facility operated by the San Carlos Apache Tribe within
90 days of enactment of this Act.
Resources Management Construction.--The bill provides
$71,408,000 for resources management construction programs and
includes the following: $28,706,000 for irrigation project
construction, which restores funding for the Navajo Indian
Irrigation Project to the fiscal year 2020 level and provides
fixed costs and $10,000,000 is for projects authorized by the
WIIN Act (Public Law 114-322); $2,659,000 for engineering and
supervision; $1,016,000 for survey and design; $656,000 for
Federal power compliance; and $38,371,000 for dam safety and
maintenance. The Committees expect the funds designated for
WIIN Act (Public Law 114-322) activities will be deposited into
the Indian Irrigation Fund and fund those projects authorized
by Public Law 114-322.
The Committees are concerned about recent issues with
diversion calculations and other management decisions by the
Bureau of Indian Affairs and the Bureau of Reclamation which
impacted Colorado River Indian Tribes' access to water
resources in fiscal year 2020. The Committees expect the Bureau
to improve coordination with the Bureau of Reclamation and with
Colorado River Indian Tribes, and to finalize new standard
operating procedures for the Colorado River Irrigation Project
by no later than December 31, 2020, to ensure that the
projected year-end diversions are consistent and based upon the
best available data so that the Tribes may make use of their
full water allocation.
Other Program Construction.--The bill provides $14,599,000
for other program construction and includes $1,419,000 for
telecommunications; $3,919,000 for facilities and quarters; and
$9,261,000 for program management, which includes $3,281,000 to
continue the project at Fort Peck.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO
INDIANS
The bill provides $45,644,000 for Indian Land and Water
Claim Settlements and Miscellaneous Payments to Indians,
ensuring that Indian Affairs will meet the statutory deadlines
of all authorized settlement agreements to date. The agreement
updates the bill language to reflect those settlements that
have been completed: Public Law 100-580, Public Law 101-618,
Public Law 111-11, and Public Law 111-291. The recommended
level enables Indian Affairs to make a payment, in an amount to
be determined by the Secretary, to the Blackfeet Settlement
Trust Fund. The Department is directed to submit a spending
plan to the Committees within 45 days of enactment of this Act
on how it plans to allocate the funds provided by the bill for
the specific settlements.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
The bill provides $11,797,000 for the Indian Guaranteed
Loan Program Account to facilitate business investments in
Indian Country.
Bureau of Indian Education
OPERATION OF INDIAN EDUCATION PROGRAMS
Bureau of Indian Education.--The bill includes $973,092,000
for the operation of the Bureau of Indian Education (BIE). All
programs, projects, and activities are maintained at fiscal
year 2020 levels, except for requested fixed cost increases and
transfers, or unless otherwise specified below. For this and
all other Bureau accounts funded in this bill, BIE is expected
to comply with the instructions and requirements at the
beginning of this division and in House Report 116-448, unless
otherwise specified below. Additional details, instructions,
and requirements follow below and in the table at the end of
this division. Language contained in Senate Report 116-123
regarding support for BIE reforms; GAO documented management
challenges; broadening access to Native languages and previous
funding use; data collection on student absences; integrating
school-based preventative health services; and compliance with
education laws is restated.
Tribal grant support costs are funded at current estimates.
Within education program enhancements, a total of $4,000,000 is
included for Native language immersion grants at BIE-funded
schools; $21,000,000 is included for Early Child and Family
Development programs; $5,000,000 is included for Tribal
Education Departments, and an additional $500,000 is included
for Student Transportation. An additional $6,000,000 general
program increase is included for the ISEP Formula Funds. Post-
secondary programs (forward-funded) are provided with
$110,919,000.
The Committees are concerned that the failure to request
adequate resources to cover full fixed cost requirements,
including funds to meet the legal requirement to compensate
teachers and counselors at a pay rate that is consistent with
the Defense Department Overseas Teachers Pay and Personnel Act
(Public Law 86-91), have resulted in schools having to absorb
these escalating costs at the expense of other program
requirements. The agreement directs the Bureau to produce the
report directed by House Report 116-448 regarding the
implementation of Defense Department-equivalent pay rates by no
later than 120 days from enactment of this Act. The Bureau is
also directed to clearly display funding amounts required to
comply with Defense Department-equivalent pay rates as part of
future budget justifications and to include sufficient funding
in its budget request to fully fund these requirements.
Elementary/Secondary Programs.--The bill includes
$153,477,000 for Elementary/Secondary Programs, which maintains
Facilities Operations at the enacted levels, including fixed
costs, and accounts for the transfer of funds to pay for 105(l)
leases through a new indefinite appropriations account. An
additional $50,000 is included for Juvenile Detention Education
and an additional $1,000,000 is provided for the Johnson
O'Malley program, which also maintains $2,500,000 in funds
provided in previous fiscal years for capacity building.
Education Management.--The agreement includes $48,300,000
for Education Management, which includes an additional
$5,000,000 for Education IT. The importance of bringing
broadband to BIE-funded schools is understood but concerns
remain about how these funds are used and the planning process
used for this type of investment. The agency is directed to
report back within 90 days of enactment of this Act on a
scalable plan to increase bandwidth in BIE-funded schools,
procure computers, and acquire software. This report should
also include how the Bureau is working with other Federal
agencies to coordinate and plan for the technology buildout.
EDUCATION CONSTRUCTION
Education Construction.--The bill provides $264,277,000 for
schools and related facilities within the BIE system and
includes the following: $115,504,000 for replacement school
campus construction; $23,935,000 for replacement facility
construction; $13,581,000 for employee housing repair; and
$95,257,000 for facilities improvement and repair. Funding is
provided for replacement/new employee housing, as requested,
and $15,000,000 is provided for Tribal colleges and
universities' facilities requirements.
The Committees recognize that many Tribal colleges and
universities (TCUs) have significant unfunded needs and direct
BIE and the Assistant Secretary, Indian Affairs (ASIA) to work
with Tribal leaders and other stakeholders to develop a
consistent methodology for determining TCU operating and
maintenance needs to inform future budget requests. The
Committees previously directed BIE to develop a methodology
regarding TCU operating and facility needs. The Committees
again direct BIE and ASIA to assess TCU facility needs and to
develop a distribution methodology to address these needs. The
Committees also direct the BIE to report back within 60 days of
enactment of this Act on how it conducts student counts at TCUs
and how funding is provided to address facilities operation,
maintenance, and construction needs.
Green Infrastructure.--With the funds provided, the
agreement continues to encourage the Department to include
green infrastructure as stated in the explanatory statement
accompanying Public Law 116-94 and to submit a report to the
Committees on Appropriations within 90 days of enactment of
this Act describing how the Department incorporated these
activities.
Education Construction Site Assessment and Capital
Investment Program.--The Committees recognize the efforts of
Indian Affairs and the Bureau of Indian Education to develop
and communicate to Tribes a comprehensive, system-wide approach
to school repair and replacement, as the Committees have
directed the agencies to do since the fiscal year 2015
appropriation, which should include a clearly identified list
of prioritized projects to be accomplished with annual
discretionary and mandatory appropriations. The agencies are
encouraged to continue working with Tribes to develop and
refine the program and are directed to provide feedback to
Tribes throughout the process, consistent with direction
contained in House Report 116-448 on Tribal consultation. The
program must provide for data entry training of all on-site
facilities managers and must not disincentivize any Tribe from
making improvements with its own funds.
ADMINISTRATIVE PROVISIONS
The agreement continues to allow transfers of Tribal
priority allocations funds between BIA Operation of Indian
Programs and BIE Operation of Indian Education Programs
initiated at the request of an Indian Tribe. This authority
does not apply to any other transfers, including those to
separate the BIA and the BIE.
Office of the Special Trustee for American Indians
FEDERAL TRUST PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $108,399,000 for the Office of the
Special Trustee for American Indians (OST) and rejects the
proposed budget structure for a new Bureau of Trust Funds
Administration (BTFA) within the Office of the Assistant
Secretary--Indian Affairs. This should not be construed as
interfering with the statutorily required sunset of OST.
Rather, it is a signal that Congress does not accept the
Department's decision to move forward with its budget proposal
to create BTFA without waiting for the resolution of the
proposal through the fiscal year 2021 appropriations process
and over the clear objections of the House of Representatives.
The decision to transfer the functions of OST wholesale into a
new bureau also raises questions about whether it is consistent
with provisions of the 1994 Indian Trust Reform Management Act
(Public Law 103-412), which created OST on a temporary basis
until the completion of certain trust reforms, or with the
existing transition plan for OST proposed by the Administration
and adopted by Congress in fiscal year 2019.
The Committees note that Secretarial Order 3384 dated
August 31, 2020, requires OST to report to the Secretary. The
Committees are concerned that this conflicts with the
Department's fiscal year 2019 reorganization, which shifted
OST's reporting structure from the Secretary to the Assistant
Secretary--Indian Affairs. The Committees direct the Department
to report within 45 days of enactment of this Act on how it
will reconcile Secretarial Order 3384 with the fiscal year 2019
reorganization.
Congress recognizes the improvements OST has made and
continues to make to account for and carry out trust functions.
However, Congress repeatedly hears from Tribes and Tribal
organizations that many of OST's functions and activities are
duplicative, overlapping, or fragmented with activities carried
out by Indian Affairs. While Congress understands OST consulted
with Tribes about possible duplication, Tribes state their
concerns were not fairly considered. It is for these reasons
that the House rejected the proposed BTFA structure in its
fiscal year 2021 bill.
It is expected that the incoming Administration will
perform its own analysis of its trust responsibilities under
the 1994 Act and subsequent legislation and that committees of
jurisdiction, including the House and Senate Appropriations
Committees, will consider any proposals to address the future
disposition of OST without prejudice. In the meantime, within
180 days of enactment of this Act, the Department is directed
to provide a report that details: (1) the amounts and sources
of funds expended in the creation of BTFA, and a justification
of the expenditures, including the legal authority upon which
they were based; (2) a detailed policy and legal analysis
regarding whether transferring all OST duties, functions, and
activities to BTFA is consistent with the provisions of the
1994 Act and subsequent legislation, as well as whether it is
consistent with the 2019 OST reorganization agreed to by the
Committees with the understanding the reorganization was not
making OST permanent; and (3) a complete workforce analysis
that details current OST or BTFA FTE by grade, position title
and duty station and a justification of why each position must
be retained by OST or a successor organization rather than be
combined with or performed by existing Indian Affairs FTE. As
part of this report, the Department is also directed to provide
a detailed accounting of the funds spent to implement the
transition associated with the proposal in the fiscal year 2019
budget justification.
In addition to this analysis, the Government Accountability
Office (GAO) is also directed to examine whether any duties,
activities or functions performed by OST (including those
proposed to be performed by the new bureau) are duplicative,
overlap, or result in fragmentation with duties, activities, or
functions performed by Indian Affairs. Further, GAO is expected
to provide a report to the Committees on Appropriations that
summarizes and examines tribal perspectives on any identified
duplication, overlap, or fragmentation and also addresses how
to best reduce any potential duplication, overlap, or
fragmentation between OST (or a successor entity) and Indian
Affairs. If any duplicative FTEs are identified by GAO, it is
expected that the Department will make every effort to transfer
current, duplicative staff to appropriate positions in Indian
Affairs.
Departmental Offices
Office of the Secretary
DEPARTMENTAL OPERATIONS
(INCLUDING TRANSFER AND RESCISSION OF FUNDS)
The bill provides $120,608,000 for the Office of the
Secretary, Departmental Operations appropriation. Specific
allocations at the activity level are contained in the table at
the back of this explanatory statement. Within the Leadership
and Administration activity, the bill contains $1,860,000 for
Freedom of Information Act activities, which are explained more
fully below. The bill also contains a rescission of $17,398,000
in unobligated funds remaining from the transition of the
Minerals Management Service.
Appraisal and Valuation Services Office (AVSO).--The Great
American Outdoors Act (Public Law 116-152) amended how funding
from the Land and Water Conservation Fund (LWCF) is
distributed. While this bill does not provide new discretionary
funding in the Management Services activity for the Federal
land operations of the AVSO, the bill does direct that
$19,000,000 be made available from the LWCF for such
operations. Of the funds provided, funding is included for
preliminary appraisal and valuation work for potential land
acquisitions and exchanges in high-priority conservation areas,
such as the Bristol Bay ecosystem. Funding for Indian Country
appraisal operations is made available through this bill and
totals $11,204,000.
Office of Native Hawaiian Relations.--The Department is
directed to maintain the Office of Native Hawaiian Relations
within the Office of the Assistant Secretary for Policy,
Management, and Budget.
Indian Arts and Crafts Board (IACB).--The Committees
support the work of the IACB to promote the economic
development of Native Americans through the expansion of the
Indian arts and crafts market and combatting illegal sales and
trafficking of indigenous artisanry.
Freedom of Information Act (FOIA).--Within the funds
provided, the bill includes an increase of $860,000 over the
current enacted level to continue support for staff positions
to increase the processing capacity of the Department's FOIA
program and reduce the Department's FOIA request backlog. These
amounts are in addition to the amounts provided to the Office
of the Solicitor to implement other changes to the FOIA
program. The Committees continue to be concerned about the
Department's chronic and significant backlog of FOIA requests
and the potential for the backlog to impede the American
public's right to obtain timely information about the
Department's programs and activities. The Committees expect
funds provided to exclusively support career staff positions
within the Department's ``Departmental FOIA Office,''
established by Secretarial Order No. 3378 on January 7, 2020.
Within three months of the date of enactment of this Act, and
on a biannual basis thereafter, the Department is directed to
provide a report on the number and status of positions funded
by this initiative; the duties and functions for each staff
position, including details about any role they play in the
development of FOIA-related rules, guidance, or memoranda; and
metrics showing the status of the Department's FOIA request
backlog, including whether these additional resources are
helping to reduce average response times for requestors or
otherwise reduce the Department's FOIA request backlog.
International Conservation Programs.--The Committees are
disappointed that the Department failed to consult with the
Committees and other Federal partners to develop a path forward
to obligate funds that support on-the-ground conservation
efforts to strengthen wildlife management and protect iconic
species, pursuant to the explanatory statement accompanying
Public Law 116-94. The Committees direct the Department to
provide a briefing within 60 days of enactment of this Act to
provide information on compliance with development of such
standards.
Insular Affairs
ASSISTANCE TO TERRITORIES
The bill provides $106,693,000 for Assistance to
Territories. The detailed allocation of funding is included in
the table at the end of this explanatory statement.
Compact of Free Association
The bill provides $8,463,000 for Compact of Free
Association, equal to the fiscal year 2020 enacted level and
$354,000 above the budget request. A detailed table of funding
recommendations below the account level is provided at the end
of this explanatory statement.
The recommendation includes $5,000,000 as the second
payment towards the $20,000,000 requested by the Republic of
the Marshall Islands in September 2009, as authorized in
section 111(d) of the Compact of Free Association Act of 1986
(Public Law 99-239; 99 Stat. 1799; 48 USC 1911) and section
108(b) of the Compact of Free Association Amendments Act of
2003 (Public Law 108-88; 117 Stat. 2755; 48 USC 1921g).
Office of the Solicitor
SALARIES AND EXPENSES
The bill provides $86,813,000 for the Salaries and
Expenses appropriation within the Office of the Solicitor.
Specific allocations at the activity level are contained in the
table at the back of this explanatory statement. The Committees
note that $1,860,000 has been provided for the FOIA Office.
While this funding is to be used to address the department-wide
backlog of pending requests, the Committees also expect the
Office to assist in reducing the backlog within the Office of
the Secretary. FOIA Office staff should brief the Committees
quarterly on their efforts.
Office of Inspector General
SALARIES AND EXPENSES
The bill provides $58,552,000 for the Office of Inspector
General. The agreement appropriates funding in a single
Program, Project, Activity line to align with other Inspector
General offices and to streamline operations and hiring and
improve the cross-functionality of audit, investigation, and
oversight teams. The detailed allocation of funding is included
in the table at the end of this explanatory statement. The
recommendation includes additional funds to hire auditors,
investigators, mission support staff and create multi-tiered
enterprise data analysis.
Department-Wide Programs
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $992,623,000 for Department of the
Interior Wildland Fire Management. With $310,000,000
appropriated in the Wildfire Suppression Operations Reserve
Fund, the total amount for fire suppression operations is
$693,657,000. The detailed allocation of funding by activity is
included in the table at the end of this explanatory statement,
including $3,000,000 for Joint Fire Science. The Department
shall report at the end of each fiscal year the number of acres
treated by prescribed fire, mechanical fuels reduction, and
thinning activities, as well as the acres treated in wildland
urban interface and the costs associated with such activities.
WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND
(INCLUDING TRANSFERS OF FUNDS)
Of the funds provided for suppression, $310,000,000 is
provided through the Wildland Fire Cap Adjustment authorized in
the Consolidated Appropriations Act, 2018 (Public Law 115-141).
With the $383,657,000 appropriated in non-cap adjusted,
Wildland Fire Management suppression operations, the total
provided for suppression operations is $693,657,000.
CENTRAL HAZARDOUS MATERIALS FUND
The bill provides $10,010,000 for the Central Hazardous
Materials Fund appropriation.
NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
The bill provides $7,767,000 for the Natural Resource
Damage Assessment Fund appropriation. Specific allocations at
the activity level are contained in the table at the back of
this explanatory statement.
Program Management.--The Office is commended for the
innovative approaches instituted by Program Management, such as
interactive maps showcasing current sites and the assessment
and restoration process, and is encouraged to continue these
initiatives.
Restoration Fund Balances.--The Office is urged to reduce
the growing balance of restoration funds, including through
greater partnerships with State trustees, performance-based
contracts, and other appropriate actions.
WORKING CAPITAL FUND
The bill provides $60,735,000 for the Working Capital Fund
appropriation. Increases above the enacted level include
$1,000,000 for the Financial and Business Management System,
and $4,000,000 for the Cybersecurity initiative. Within
available funds, $1,200,000 shall be available for the Invasive
Species Council.
OFFICE OF NATURAL RESOURCES REVENUE
The bill provides $148,474,000 for the Natural Resources
Revenue appropriation.
Distribution of GOMESA Revenues.--The Office is directed to
distribute revenues from Gulf of Mexico operations in a manner
consistent with current law, including the Gulf of Mexico
Energy Security Act (GOMESA) of 2006 (Public Law 109-432), as
amended.
General Provisions, Department of the Interior
(INCLUDING TRANSFERS OF FUNDS)
The bill includes various legislative provisions affecting
the Department in Title I of the bill, ``General Provisions,
Department of the Interior.'' The provisions are:
Section 101 provides Secretarial authority for the intra-
bureau transfer of program funds for expenditures in cases of
emergencies when all other emergency funds are exhausted.
Section 102 provides for the Department-wide expenditure or
transfer of funds by the Secretary in the event of actual or
potential emergencies including forest fires, range fires,
earthquakes, floods, volcanic eruptions, storms, oil spills,
grasshopper and Mormon cricket outbreaks, and surface mine
reclamation emergencies.
Section 103 provides for the use of appropriated funds by
the Secretary for contracts, rental cars and aircraft,
telephone expenses, and other certain services.
Section 104 provides for the expenditure or transfer of
funds from the Bureau of Indian Affairs and Bureau of Indian
Education, and the Office of the Special Trustee for American
Indians, for Indian trust management and reform activities.
Section 105 permits the redistribution of Tribal priority
allocation and Tribal base funds to alleviate funding
inequities.
Section 106 authorizes the acquisition of lands for the
purpose of operating and maintaining facilities that support
visitors to Ellis, Governors, and Liberty Islands.
Section 107 continues Outer Continental Shelf inspection
fees to be collected by the Secretary of the Interior.
Section 108 provides the Secretary of the Interior with
authority to enter into multi-year cooperative agreements with
non-profit organizations for long-term care of wild horses and
burros.
Section 109 addresses the U.S. Fish and Wildlife Service's
responsibilities for mass marking of salmonid stocks.
Section 110 allows the Bureau of Indian Affairs and Bureau
of Indian Education to more efficiently and effectively perform
reimbursable work.
Section 111 provides for the establishment of a Department
of the Interior Experienced Services Program.
Section 112 requires funds to be available for obligation
and expenditure not later than 60 days after the date of
enactment.
Section 113 addresses Natural Heritage Areas.
Section 114 provides Secretary of the Interior the ability
to transfer funds among and between the Bureau of Indian
Affairs and the Bureau of Indian Education.
Section 115 provides funding for the Payments in Lieu of
Taxes (PILT) program.
Section 116 addresses the issuance of rules for sage-
grouse.
Section 117 directs notification of any deviation in
procedure or equipment.
Section 118 classifies receipts deposited into Medical
Services Fund.
Section 119 authorizes Tribally controlled schools access
to interagency motor vehicles in the same manner as if
performing activities under the Indian Self Determination and
Education Assistance Act.
Section 120 allows the National Park Service to convey
lands for purposes of transportation and recreation for a
specific project.
TITLE II--ENVIRONMENTAL PROTECTION AGENCY
The agreement provides $9,237,153,000 for the Environmental
Protection Agency (EPA). The agreement does not support
reductions, streamlinings, or eliminations proposed in the
budget request unless explicitly noted in the explanatory
statement. In addition to directives contained in the beginning
of this explanatory statement, the agreement includes only the
following additional directives related to programmatic
guidance:
Congressional Budget Justification.--The Committees direct
the Agency to include in future justifications the information
in the joint explanatory statement accompanying Public Law 116-
94, as well as: targets for onsite inspections and offsite
compliance monitoring activities, requested enforcement travel
budgets, and allocations for each component of funding for
environmental justice programs. Further, if the Agency is
proposing to change State allocation formulas for the
distribution of appropriated funds, then the Agency should
include such proposals in the Congressional Justification.
Operating Plan.--Within 30 days of enactment of this Act,
the Agency is directed to submit to the House and Senate
Committees on Appropriations its annual operating plan for
fiscal year 2021. The operating plan shall adhere to the
program area levels, and where applicable, the program project
levels, specified within this explanatory statement. For
program project levels not otherwise specified herein, the
operating plan should detail how the Agency plans to allocate
funds at the program project level. Further, the budgets of
each major office should be itemized to indicate the source of
funds for each major office by program project level. The
operating plan should also include detailed allocations for
each component of funding for environmental justice programs,
including the Environmental Justice Small Grants program, the
Environmental Justice Collaborative Problem-Solving Cooperative
Agreement Program, and the Interagency Federal Working Group on
Environmental Justice. Further, the Agency is directed to
continue the longstanding practice of submitting quarterly
statement of balances reports, and the Agency is directed to
display data separately for both the current fiscal year and
the prior fiscal year.
Workforce and Staffing Plans.--The explanatory statement
accompanying Public Law 116-94 included directions for the
Agency to develop workforce and staffing plans related to the
Agency's FTE levels in fiscal year 2020. For fiscal year 2021,
the Committees expect the Agency to submit as part of its
operating plan, staffing targets by National Program Management
area, in line with the Agency's enacted appropriation. The
Committees expect the Agency to continue to develop workforce
and staffing plans. Further, not later than 45 days after the
end of each quarter, the Agency shall submit data on the number
of FTE employed by the Agency in the same format as the fiscal
year 2020 FTE target data was submitted.
Per- and Polyfluoroalkyl Substances (PFAS) and Contaminants
of Emerging Concern.--The Committees provide no less than
$49,011,000, a $10,011,000 increase above the fiscal year 2020
enacted levels, for the Agency to continue taking action on
PFAS, including addressing contamination, conducting research,
and undertaking needed regulatory actions. Of this total,
$20,000,000 is provided for support to States to address PFAS
through treatment, remediation, and cleanup. Within 60 days of
enactment of this Act, the Agency is directed to brief the
Committees on planned fiscal year 2021 PFAS-related actions and
provide the Committees with a spend plan which details funding
at the program project level.
Combination of Separate Fiscal Year Grant Funding.--The
Committees are concerned over instances in which the Agency has
combined separate fiscal year grant appropriations and put out
a multi-year Request for Application without consulting the
Committees beforehand. The Agency is directed to brief the
Committees before publishing a multi-year Request for
Application of grant funding.
Guidance.--The Committees note that the Agency has
rescinded its guidance from March 26, 2020. The Agency is
directed to brief the Committees within 90 days of enactment of
this Act on how the Agency would approach future exercises of
enforcement discretion during emergencies or disasters.
SCIENCE AND TECHNOLOGY
For Science and Technology programs, the bill provides
$729,329,000. The bill transfers $30,755,000 from the Hazardous
Substance Superfund account to this account. The agreement
provides the following specific funding levels and direction:
Clean Air.--The agreement provides $118,625,000 for Clean
Air. Within the funds provided to the Office of Transportation
and Air Quality (OTAQ), not less than $500,000 shall be for
processing applications under the Renewable Fuels Pathway II
rule for the electric pathway. The Committees note the backlog
of applications under the Renewable Fuels Pathway II rule
finalized in 2014. No applications for the electric pathway,
which could help support rural agricultural communities, have
been approved since the rule went into effect. The Agency shall
take action on the existing applications within 90 days of the
enactment of this Act. The Agency is further directed to brief
the Committees within 60 days of enactment of this Act on
planned Agency actions to process the existing applications.
As the motor and fuel industries continually evolve, the
agreement provides additional resources for OTAQ to support the
Agency's ongoing fuels work. The Committees are aware that the
Agency recently updated its Motor Vehicle Emissions Simulator
(MOVES) model in November 2020. Within 60 days of enactment of
this Act, the Agency is directed to brief the Committees on any
additional planned updates to fuel emissions life-cycle
modeling and data, and as part of this briefing, the Agency
should discuss underlying data used in the current model, and
the cost of updating the model.
The Committees are aware that the Agency has begun the
Cleaner Trucks Initiative for heavy-duty trucks, which will
help areas achieve and maintain attainment with air quality
standards. The Committees urge the Agency to develop a final
rule that minimizes ozone- and particulate matter-forming
nitrogen oxides (NOX) emissions from heavy-duty
vehicles, and urge the Agency to work cooperatively with states
and local air pollution control bodies to ensure the final rule
supports these NOX control needs and efforts.
Homeland Security.--The agreement provides $35,733,000 for
Homeland Security. Of the funds provided, $250,000 shall be for
planning for monitoring and bolstering physical security and
cyber security of the Nation's water systems. The Committees
are concerned about public reports of cyber-attacks on water
systems around the world and provides additional funding for
planning for the Agency to support the Nation's water systems
from cyber threats. The Agency is directed to brief the
Committees on spending of this additional funding and on future
funding needs in this area.
Indoor Air and Radiation.--The agreement provides
$5,149,000 for Indoor Air and Radiation activities. The
proposed elimination of radon activities is rejected, and the
program is funded at not less than the fiscal year 2020 level.
Research: Air and Energy.--The agreement provides
$95,250,000 for Research: Air and Energy. Of this amount, up to
$3,700,000 shall be used to continue the study under the
heading ``Partnership Research'' contained in the explanatory
statement of Public Law 115-141.
Research: National Priorities.--The agreement provides
$7,500,000 to be used for extramural grants, independent of the
Science to Achieve Results (STAR) grant program, as specified
under this heading in Public Law 116-94.
Research: Safe and Sustainable Water Resources.--The
agreement provides $112,250,000 for Research: Safe and
Sustainable Water Resources. Additionally, the Committees
direct that up to $1,500,000 be used to award grants under
section 2007 of America's Water Infrastructure Act (Public Law
115-270).
Water: Human Health Protection.--The agreement provides
$4,364,000 for Water: Human Health Protection, as requested.
Per- and Polyfluoroalkyl Substances (PFAS).--Of the funds
provided to the Office of Research and Development, no less
than $20,000,000 shall be for priority actions under the PFAS
Action Plan, an increase of $2,000,000. Of such funds, not less
than $5,000,000 shall come from the Science and Technology
appropriation, including $3,000,000 from Research: Safe and
Sustainable Waters, and no less than $15,000,000 shall be
derived from a transfer from the Hazardous Substance Superfund
appropriation.
Additional Guidance.--The following additional guidance is
included:
Enhanced Aquifer Use.--The agreement provides $2,000,000
from Research: Safe and Sustainable Waters for research for
Enhanced Aquifer Use and Recharge, and the Agency is directed
to continue following the guidance contained in the explanatory
statement accompanying Public Law 116-94.
Harmful Algal Blooms.--The agreement provides $6,000,000
and the Agency is directed to follow the guidance in House
Report 116-448 and Senate Report 116-123.
Health Outcomes and Links to Pollution.--In lieu of
direction under the heading ``Coronavirus Health Outcomes and
Links to Pollution'' in House Report 116-448, the Committees
encourage the Agency to investigate any linkages between
exposure to pollution and increased risk for adverse health
outcomes from communicable respiratory diseases.
Innovative Waste Management Systems.--In lieu of the
direction in House Report 116-448 under the heading
``Estimating Air Emissions from Animal Operations,'' the
Committees direct the Agency to study new and innovative lagoon
and sprayfield waste management systems, including biodigesters
and methane recapture systems on animal waste lagoons, and
whether these or other methods and technologies can help
mitigate health or environmental impacts on communities living
near swine and dairy farms. The Agency shall submit this study
to the Committees not later than 180 days after enactment of
this Act.
Inorganic Arsenic.--The Committees understand that a
revised risk assessment of inorganic arsenic is currently under
development by the Agency. The Committees note the importance
of a robust evaluation of all relevant scientific data,
including mode of action data. The Committees direct the Agency
to brief the Committees if and when the revised risk assessment
is completed.
IRIS program.--In lieu of the directive in House Report
116-448 under the heading ``Maintaining IRIS Program
Integrity,'' the Committees direct the Agency to continue to
utilize the IRIS program to support the Agency's mission to
protect human health and the environment.
Microplastics.--The Committees support the Agency's ongoing
efforts to develop standards for microplastics analysis. The
Committees direct the Agency to brief the Committees on these
efforts within 60 days of enactment of this Act.
Operation of Aircraft.--The bill provides authority within
this account for the Agency to use aircraft to assist in
carrying out its research and testing mission in support of
environmental protection.
Slash and Precommercial Thinnings.--The Committees are
aware of the interest in using low-grade and low-value forest
biomass as a feedstock for development of alternative fuels.
The Agency is directed to report to the Committees, within 180
days of enactment of this Act, on the progress made to engage
with other Federal agencies, states, private landowners, and
stakeholders on efforts to create markets for low-grade and
low-value wood.
STAR Grants.--The agreement provides $28,600,000 to
continue the STAR program, and the Committees direct the Agency
to distribute grants consistent with fiscal year 2020. Further,
the Committees direct that funding for Children's Environmental
Health and Disease Prevention is continued at not less than
$1,900,000, consistent with prior years. The Committees support
the efforts of the Agency to focus this funding on research
related to early life stage, including prenatal,
vulnerabilities to environmental stressors. The Agency is
directed to brief the Committees on the program within 60 days
of enactment of this Act. Finally, the Agency is directed to
brief the Committees on the feasibility of reestablishing its
Graduate Fellowship program and of implementing a mechanism to
allow for the submission of unsolicited, principal
investigator-initiated proposals to STAR in order to capture
innovative research ideas that may exist outside of the Agency
and that advance its mission.
Strengthening Use of Science.--The Committees note the
study regarding Strengthening Use of Science in House Report
116-100 has not been received and the Committees expect the
Agency to provide information regarding the status of this
directive within 60 days of enactment of this Act.
Water Distribution Systems.--The Agency is encouraged to
prioritize deployment of smart infrastructure solutions as
described in House Report 116-448.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
For Environmental Programs and Management, the bill
provides $2,761,550,000. The agreement provides the following
specific funding levels and direction:
Clean Air.--The agreement provides $282,250,000 for Clean
Air, and funds both program areas related to stratospheric
ozone at not less than the fiscal year 2020 enacted levels. The
Committees reject the proposed termination of voluntary
programs such as Natural GasSTAR, AgSTAR, and other partnership
programs where the Agency works collaboratively with non-
governmental entities to identify beneficial methods to reduce
emissions, pollution, and increase efficiency. The agreement
includes the direction in House Report 116-448 for the Agency
to continue submitting annual Power Sector Program Progress
Reports to Congress as required under the Clean Air Act.
The Committees encourage the Agency to inform States of
applicable tools, such as output-based regulations, that will
encourage fuel efficiency as an air pollution prevention
measure and assist states in meeting environmental and energy
goals.
ENERGY STAR.--The agreement rejects the proposed shift to a
fee-based funding mechanism and increases ENERGY STAR funding
to $39,000,000. With the increase provided, the Committees
encourage the Agency to prioritize work in the areas outlined
in House Report 116-448. The Agency is directed to brief the
Committees within 90 days of enactment of this Act on what
steps the Agency will take to better incorporate stakeholder
input into the program.
Compliance.--The agreement provides $102,500,000 for
Compliance.
Enforcement.--The agreement provides $248,397,000 for
Enforcement.
Environmental Justice.--The agreement provides $11,838,000
for Environmental Justice, and in lieu of the House directives,
the Committees direct the Agency to support Environmental
Justice efforts to protect public health.
Environmental Protection: National Priorities.--The
agreement provides $21,700,000, an increase of $4,000,000 above
the enacted level, for a competitive grant program for
qualified non-profit organizations to provide technical
assistance for improved water quality or safe drinking water,
adequate waste water to small systems, or individual private
well owners. The Agency shall provide $19,000,000 for
Grassroots Rural and Small Community Water Systems Assistance
Act (Public Law 114-98), for activities specified under section
1442(e) of the Safe Drinking Water Act (42 U.S.C. 300j-
1(e)(8)). The Agency is also directed to provide $1,700,000 for
grants to qualified not-for-profit organizations for technical
assistance for individual private well owners, with priority
given to organizations that currently provide technical and
educational assistance to individual private well owners. The
Agency is directed to provide on a national and multi-State
regional basis, $1,000,000 for grants to qualified
organizations for the sole purpose of providing on-site
training and technical assistance for wastewater systems. The
Agency shall require each grantee to provide a minimum 10
percent match, including in kind contributions. The Agency is
directed to allocate funds to grantees within 180 days of
enactment of this Act.
The Committees remain concerned that the Agency made a
decision to put out a multi-year Request for Applications for
fiscal years 2017 and 2018 without the express approval of the
Committees. The Agency is directed to obtain approval from the
Committees for any similar activity in the future.
Geographic Programs.--The agreement provides $541,972,000
as described in the table at the end of this division, and
includes the following direction:
Great Lakes Restoration Initiative.--The agreement provides
$330,000,000 for the Great Lakes Restoration Initiative, and
the Agency is directed to follow the guidance in House Report
116-448. The Committees also encourage agency funds to be made
available to expand breakwaters and advance local shoreline
mitigation measures, which provide much needed protection for
Great Lakes shorelines threatened by rising lake levels.
Chesapeake Bay.--The agreement provides $87,500,000 for the
Chesapeake Bay program. From within the amount provided,
$9,625,000 is for nutrient and sediment removal grants and
$9,625,000 is for small watershed grants to control polluted
runoff from urban, suburban and agricultural lands, and
$7,250,000 is for state-based implementation in the most
effective basins.
San Francisco Bay.--The agreement provides $8,922,000 for
the San Francisco Bay program. The Committees direct the Agency
to undertake priority activities within the San Francisco Bay
estuary Comprehensive Conservation and Management Plan approved
under section 320 of the Clean Water Act.
Puget Sound.--The agreement provides $33,750,000 for the
Puget Sound program and the Agency is directed to follow the
guidance in House Report 116-448.
Long Island Sound.--The agreement provides $30,400,000 for
the Long Island Sound program and the Agency is directed to
follow the guidance in House Report 116-448.
Gulf of Mexico.--The agreement provides $20,000,000 for the
Gulf of Mexico Geographic Program and the Agency is directed to
distribute funds in the same manner as in fiscal year 2020. The
Committees note that hypoxia continues to be a growing cause
for concern. The Committees direct the Agency to coordinate
with the U.S. Department of Agriculture, the Gulf States, and
other State, local, and private partners to leverage greater
resources toward conservation projects on working-lands within
the Gulf Region and Mississippi River Basin.
South Florida Program.--The agreement provides $6,000,000
for the South Florida program. Within the funds provided, the
Committees provide at least $1,000,000 to monitor coral health
in South Florida; at least $650,000 to enhance water quality
and seagrass monitoring in the Caloosahatchee Estuary and
Indian River Lagoon, especially with respect to assessing the
impact of Lake Okeechobee discharges and harmful algal blooms;
and at least $650,000 to enhance water quality and seagrass
monitoring in Florida Bay and Biscayne Bay, especially with
respect to assessing the impact of Everglades Restoration
projects and harmful algal blooms.
Lake Champlain.--The agreement provides $15,000,000 for the
Lake Champlain program. From within the amount provided,
$6,000,000 shall be directed to support significant, impactful
projects identified in the State of Vermont implementation plan
that will make measurable progress towards meeting the
phosphorus reduction targets of the Agency's 2016 Phosphorus
Total Maximum Daily Load Plan for Lake Champlain. Funds
appropriated above $6,000,000 shall be allocated through the
Lake Champlain Basin Program Process.
Southern New England Estuaries.--The agreement provides
$5,500,000 for the Southern New England Estuaries program. The
Committees are aware that the Agency has dedicated a
significant portion of funding under the Southeast New England
Coastal Watershed Restoration Program toward a local capacity
building program rather than to projects. The Committees direct
the Agency to submit a report no later than 60 days after the
enactment of this Act detailing the scope of this investment,
how it intends to build technical capacity within the area
covered by the geographic program, and the metrics for
assessing its progress.
Great Lakes and Lake Champlain Invasive Species Program.--
The Committees look forward to reviewing the plan directed in
Public Law 116-94 on the Agency's expected actions in fiscal
year 2020 to implement the Great Lakes and Lake Champlain
Invasive Species Program (GLLCISP) as authorized by the Vessel
Incident Discharge Act (Public Law 115-282). In fiscal year
2021, the Committees direct the Agency to build on these
implementation efforts to reduce the risk of introduction of
invasive species into the Great Lakes and Lake Champlain. The
Agency is directed to include details of this program as part
of the Agency's operating plan and to submit a GLLCISP
implementation plan for fiscal year 2021 within 180 days of
enactment of this Act.
Indoor Air and Radiation.--The agreement provides
$24,951,000 for Indoor Air and Radiation. The proposed
elimination of the radon program is rejected, and funding
should be provided at not less than the fiscal year 2020 level.
Funds have been included for the Radiation Protection and
Reduce Risks from Indoor Air programs.
Information Exchange/Outreach.--The agreement provides
$118,975,000 for Information Exchange/Outreach and maintains
funding for the Tribal Capacity Building program project at the
enacted level. The Committees are concerned that the smart skin
cancer education program has recently received insufficient
attention from the Agency; therefore, the Agency is directed to
use environmental education funds for the smart skin cancer
education program, similar to prior years.
The Committees are aware that the Agency is initiating the
final year of a Spanish-language radio outreach program to
educate farm workers and pesticide handlers about improving
worker safety when applying pesticides in agriculture
operations. The Committees note support from outside parties of
the radio outreach effort as having materially improved farm
workers' knowledge and ability to reduce exposure risks for
themselves and their families, and that research indicates the
importance of message repetition over an extended period. The
Committees urge the Agency to continue this Spanish-language
radio outreach program beyond the final year of the current
effort.
International Programs.--The agreement provides $14,875,000
for International Programs and contains only the funding
directives in this explanatory statement. From available funds,
$400,000 is made available to support efforts to reduce food
loss and waste. The Agency is directed to follow the guidance
in Senate Report 116-123 related to the Border Water
Infrastructure Program.
Legal/Science/Regulatory/Economic Review.--The agreement
provides $106,243,000 for Legal/Science/Regulatory/Economic
Review. The agreement provides only the following related to
the Science Advisory Board (SAB). The Agency is directed to
keep the Committees apprised of SAB engagement practices and
policies.
Resource Conservation and Recovery Act (RCRA).--The
agreement provides $118,900,000 for Resource Conservation and
Recovery Act (RCRA). Of the funds provided under this program
area, $9,000,000 is for implementation of a federal permit
program for coal combustion residuals in non-participating
states, as authorized under section 4005(d)(2)(B) of the Solid
Waste Disposal Act (42 U.S.C. 6945(d)(2)(B)), $2,000,000 is to
help public entities demonstrate community anaerobic digester
applications to municipal solid waste streams and farm needs as
described in Senate Report 116-123, and up to $1,500,000 is for
the Agency to work with states, local governments, nonprofits,
and public-private partnerships on recycling outreach as
described in House Report 116-448. The agreement does not
include the direction in House Report 116-448 under the heading
``Reducing Plastic Waste in Commerce.''
Toxics Risk Review and Prevention.--The agreement provides
$93,500,000 for Toxics Risk Review and Prevention. The
Committees support the Safer Choice program and direct that the
program be funded and operated consistent with prior years.
Water: Ecosystems.--The agreement provides $51,122,000 for
Water: Ecosystems and provides $31,822,000 for National Estuary
Program (NEP) grants as authorized by section 320 of the Clean
Water Act, and other activities. This amount is sufficient to
provide each of the 28 national estuaries in the program with a
grant of at least $700,000. Further, in the Administrative
Provisions section, the bill directs that $1,500,000 in
competitive grants be made available for additional projects.
Water: Human Health.--The agreement provides $108,487,000
for Water: Human Health. The Committees direct the Agency to
maintain the Beach/Fish program project at the enacted level.
Of the increase provided, $1,000,000 is to further support
implementation of requirements under America's Water
Infrastructure Act of 2018 (Public Law 115-270).
Within available funds, not less than $3,000,000 is for the
Agency's work within the Underground Injection Control program
related to Class VI wells for geologic sequestration to help
develop expertise and capacity at the Agency. These funds
should be used by the Agency to review and process Class VI
primacy applications from States and Tribes and to directly
implement the regulation, where States have not yet obtained
primacy by working directly with permit applicants.
Additionally, the Agency is directed to submit a report and
provide a briefing to the Committees not later than one year
after enactment of this Act on recommendations to improve Class
VI permitting procedures for commercial and research carbon
sequestration projects. The report should be drafted in
consultation with the Department of Energy, relevant State
agencies, previous permit applicants, and nongovernmental
stakeholders.
The Committees note that the Agency's published ``Per- and
Polyfluoroalkyl Substances (PFAS) Action Plan'' calls for
moving forward with the maximum contaminant level process
outlined in the Safe Drinking Water Act (Public Law 93-523) for
PFAS chemicals. The Committees support this action and urge the
Agency to Act expeditiously on this matter. The Committees
direct the Agency to brief the Committees within 60 days of
enactment of this Act about its plans for this action.
Water Quality Protection.--The agreement provides
$216,350,000 for Water Quality Protection and increases funding
for the Agency's ongoing work on harmful algal blooms by
$1,000,000. The Committees reject the proposed elimination of
the WaterSENSE program and the Urban Waters program and provide
not less than the fiscal year 2020 enacted level for these
programs.
Integrated Planning.--The Committees support the Agency's
ongoing activities related to integrated planning, which will
be increasingly necessary as States and communities work to
meet their myriad clean water obligations while keeping rates
affordable for water ratepayers. The Committees direct that
funding for Office of Municipal Ombudsman, as authorized by
Congress, be funded at no less than the fiscal year 2020
enacted level.
Per- and Polyfluoroalkyl Substances (PFAS).--Of the funds
provided under this account, no less than $6,511,000 shall be
for priority actions under the PFAS Action Plan, an increase of
$5,511,000. Of such funds, the Committees direct that not less
than $411,000 shall be from the Toxics Release Inventory
program project, not less than $1,100,000 shall be from Toxics
Review and Risk Prevention, not less than $2,500,000 shall be
from Water: Human Health, and not less than $2,500,000 shall be
from Water Quality Protection.
Additional Guidance.--The following additional guidance is
included:
Agency Reports.--The agreement does not include the
reporting directives or studies in House Report 116-448
regarding the Mercury and Air Toxics rule or the Waters of the
United States (WOTUS).
Asbestos.--The Committees note that the Agency released a
draft risk evaluation for asbestos in March 2020. As the Agency
continues to find the high risks associated with exposure to
asbestos, the Committees encourage the Agency to finalize the
risk evaluation and report to the Committees as expeditiously
as possible. The Agency must work with Congress to effectively
protect communities from further exposure.
Biointermediates.--The Agency is directed to continue to
follow the guidance contained in Senate Report 116-123
regarding biointermediates. The Committees appreciate the work
of the Agency to address the coprocessing of biointermediates.
Consistent with the guidance in Senate Report 116-123, the
Committees expect the Agency to finalize a rule permitting the
production, transfer, and use of biointermediates within 90
days of the date of enactment of this Act. The Committees
direct the Agency to brief the Committees within 60 days of
enactment of this Act about its plans for action.
Designating Chitosan as Minimum Risk.--The agreement
continues the direction contained in Senate Report 116-123. The
Committees expect the Agency to complete the necessary actions
as expeditiously as possible and to notify the Committees when
the review has been completed.
Discharges of Pre-Production Materials into Waterways.--The
Committees are concerned about the discharge or runoff of
plastic pellets and other plastic materials into waterways
before they become consumer and industrial products. The
Committees encourage the Agency to appropriately consider this
pre-production material discharge in future Agency actions.
Electric Reliability.--The Committees strongly support
actions that ensure the continued reliability of the electrical
grid, as the nation transitions to less expensive and less-
polluting sources of electric power. The Committees are aware
that on December 20, 2018, the Agency requested public comment
on potential changes to emission standards established under
section 111(b) of the Clean Air Act (Public Law 92-500) to
address the use of quick start stationary combustion turbines
to respond to system reliability challenges. The Agency is
directed to brief the Committees within 60 days of enactment of
this Act on actions it plans to take in response to the public
comments received and on any planned regulatory actions
regarding quick start stationary combustion turbines under the
Clean Air Act.
Fish Grinding.--The Agency is directed to develop a policy
to ensure that fish processors using the best available
grinding technology and/or best conventional practices will be
considered in compliance with applicable requirements under the
Clean Water Act. The Agency should brief the Committees on its
efforts within 60 days of enactment of this Act.
Hexavalent Chromium.--The Committees encourage the Agency
to expeditiously continue assessing the Maximum Contaminant
Level for hexavalent chromium and to keep the Committees
apprised of its review.
Hydrofluorocarbons Report.--The Committees are concerned
with the delay surrounding the release on the projected
economic, consumer, and compliance costs associated with the
phase down of hydrofluorocarbons. The Agency is directed to
expedite any ongoing review processes and release the report
within 60 days of enactment of this Act.
Interagency Consultations.--The Agency is directed to
follow the guidance in Senate Report 116-123.
Kootenai Watershed.--The Agency is directed to continue and
expand its work coordinating with Federal, State, local, and
Tribal agencies to monitor and reduce transboundary hazardous
contaminants in the Kootenai watershed. These efforts should be
funded at no less than the enacted level.
Lead and Copper Rule.--The agreement notes that on November
13, 2019, the Agency published proposed revisions to the Lead
and Copper Rule in the Federal Register. After finalizing the
rule, the Agency is directed to provide a briefing to the
Committees on the rule's environmental and health impacts,
including how the final rule addresses health equity
disparities.
Mississippi River Restoration and Resiliency Strategy.--The
agreement includes $2,000,000, including not less than $859,000
from the Water: Ecosystems program, to carry out the
Mississippi River Restoration and Resilience Strategy described
under this heading in House Report 116-448.
Reducing the Burden of Waste Collection on State and Local
Governments.--The Committees note that Federal assistance has
been sought to support recycling infrastructure across the
United States as product waste has increased and created a
financial and logistical burden on local governments and
communities, many of which are shutting down recycling
collection programs. The Agency is encouraged to consider ways
Agency programs can benefit local recycling programs.
Regenerative Agriculture and Climate Change.--The Agency is
directed to provide a briefing to the Committees within 180
days of enactment of this Act on the potential impacts of
pesticide use on regenerative agriculture and pollinators and
other insects, wildlife, and water quality in the regenerative
agriculture process.
Small Remote Incinerators.--The Agency is directed to
follow the guidance in Senate Report 116-123. The Committees
note the bill includes language delaying enforcement.
Solid Sodium Cyanide Briquettes.--The Agency is directed to
follow the guidance in Senate Report 116-123.
Small Refinery Relief.--The Committees continue the
directive contained in Senate Report 114-281 related to small
refinery relief. The Agency is reminded that, regardless of the
Department of Energy's recommendation, additional relief may be
granted if the Agency believes it is warranted.
Sunscreens and the Environment.--The Committees recognize
the important health benefits that come from reducing exposure
to ultraviolet radiation, including by the use of sunscreens.
To better mediate any potential environmental impacts of
sunscreen filters on the environment, the Agency is urged to
continue coordinating, when appropriate, with the U.S. Food and
Drug Administration on information regarding sunscreen
ingredients.
Transparency of Public Calendars.--The Agency is directed
to follow the guidance in Senate Report 116-123.
Vehicle Idling Training.--The Agency is directed to follow
the guidance in Senate Report 116-123.
HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM FUND
The bill provides $8,000,000, which is expected to be fully
offset by fees for a net appropriation of $0.
Office of Inspector General
The bill provides $43,500,000 for the Office of Inspector
General. The bill transfers $11,586,000 from the Hazardous
Substance Superfund account to this account.
BUILDINGS AND FACILITIES
The bill provides $33,752,000 for Buildings and Facilities.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $1,205,811,000 for the Hazardous
Substance Superfund account and includes bill language to
transfer $11,586,000 to the Office of Inspector General account
and $30,755,000 to the Science and Technology account. The
agreement provides the following additional direction:
Enforcement.--The agreement provides $173,815,000 for
Enforcement, and maintains support for the Environmental
Justice program. The Agency is directed to continue financial
support of the Department of Justice (DOJ) in fiscal year 2021
at a level that will ensure the DOJ can continue to initiate
and prosecute civil, judicial, and administrative site
remediation cases and that responsible parties perform cleanup
actions at sites where they are liable.
Homeland Security.--The agreement provides $34,050,000 for
Homeland Security. The Agency is directed to include $1,468,000
from these funds as part of the transfer to the Science and
Technology account.
Research: Chemical Safety and Sustainability.--The
agreement provides $12,824,000 for Research: Chemical Safety
and Sustainability. The Agency is directed to include these
funds as part of the transfer to the Science and Technology
account.
Research: Sustainable and Healthy Communities.--The
agreement provides $16,463,000 for Sustainable and Healthy
Communities. The Agency is directed to include these funds as
part of the transfer to the Science and Technology account.
Superfund Cleanup.--The agreement provides $808,500,000 for
Superfund Cleanup. Within this amount, the agreement provides
$190,000,000 for Emergency Response and Removal activities.
These activities should include collaborative work with State,
Tribal, and local governments to help communities address
contaminants of emerging concern. Furthermore, the Committees
recommend that the Agency expeditiously remediate Superfund
sites contaminated by these emerging contaminants, including
PFAS, and provide technical assistance and support to States
and Tribes during the remedial cleanup process.
Per- and Polyfluoroalkyl Substances (PFAS).--Of the funds
provided under this account, not less than $17,500,000 shall be
for priority actions under the PFAS Action Plan, an increase of
not less than $2,500,000. Of such funds, the Committees direct
that not less than $10,000,000 shall be from Research: Chemical
Safety, not less than $5,000,000 shall be from Research:
Sustainable Communities, and not less than $2,500,000 shall be
for other priority work on PFAS chemicals under CERCLA. The
amounts provided for research purposes should be included in
the transfer to the Science and Technology account.
Additional Guidance.--The following additional guidance is
included:
Adaptive Management Guidance.--The Committees are
encouraged by the creation of the Agency's Adaptive Management
Task Force to oversee an Adaptive Management Pilot Program at
Superfund sites and the subsequent development of an Adaptive
Management Guidance that can be consistently applied across
Agency Regions. These efforts comport with the Agency's 2018
Superfund Task Force's Recommendations (OLEM 9200.3-120) to
broaden the use of Adaptive Management, which will protect
human health and the environment, expedite cleanup and
remediation, and effectively balance costs and benefits,
especially at contaminated sediment sites. As the Agency works
to finalize and implement the new guidance, the Committees
expect the Agency to accept public comment and to incorporate
feedback into its guidance, and to integrate it with the
Agency's 2005 Contaminated Sediment Remediation Guidance for
Hazardous Waste Sites to ensure consistent application of
adaptive management at sediment sites.
Bubbly Creek.--The Agency is directed to follow the
guidance in Senate Report 116-123.
Continued Improvements.--The Agency is directed to follow
the guidance in Senate Report 116-123.
Polychlorinated Byphenyls (PCB) Contamination.--The Agency
is directed to follow the guidance in Senate Report 116-123.
Privacy for Agricultural Producers.--The Agency is directed
to follow the guidance in Senate Report 116-123.
Sediment Guidance.--The Agency is directed to follow the
guidance in Senate Report 116-123.
LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM
The bill provides $92,203,000 for the Leaking Underground
Storage Tank Trust Fund Program.
INLAND OIL SPILL PROGRAMS
The bill provides $20,098,000 for Inland Oil Spill
Programs.
STATE AND TRIBAL ASSISTANCE GRANTS
The bill provides $4,313,901,000 for the State and Tribal
Assistance Grants program and includes the following specific
funding levels and direction:
Infrastructure Assistance.--The bill provides
$3,214,501,000 for infrastructure assistance. The Committees
are aware that the Agency requires a certified operator in
order to release funds for certain water and sanitation
funding; however, some communities do not have a community
system for either, or access to a certified operator.
Therefore, the Committees direct the Agency to work with the
Indian Health Service and those communities that lack water and
sanitation systems, as well as a certified operator, to prevent
the potential loss of funding and develop a training plan for
operator certification.
Mexico Border.--The bill provides $30,000,000 for the
Mexico Border Program. Projects that seek to abate a mixture of
stormwater runoff and raw sewage are eligible.
Brownfields Program.--The bill provides $90,982,000 for
Brownfields grants and directs that at least 10 percent of such
grants be provided to areas in which at least 20 percent of the
population has lived under the poverty level over the past 30
years as determined by censuses and the most recent Small Area
Income and Poverty Estimates. The bill makes U.S. territories
and possessions categorically eligible for funding from within
this set-aside.
Diesel Emission Reductions Grants (DERA).--The agreement
provides $90,000,000 for DERA Grants and the Committees direct
the Agency to continue to make at least 70 percent of DERA
grants available to improve air quality in non-attainment
areas.
Targeted Airshed Grants.--The agreement provides
$59,000,000. These grants shall be distributed on a competitive
basis to nonattainment areas that the Agency determines are
ranked as the top five most polluted areas relative to annual
ozone or particulate matter 2.5 standards, as well as the top
five areas based on the 24-hour particulate matter 2.5 standard
where the design values exceed the 35 mg/m3 standard. To
determine these areas, the Agency shall use the most recent
design values calculated from validated air quality data. The
Committees note that these funds are available for emission
reduction activities deemed necessary for compliance with
national ambient air quality standards and included in a State
Implementation Plan submitted to the Agency. Not later than the
end of fiscal year 2021, the Agency should provide a report to
the Committees that includes a table showing how fiscal year
2019 and 2020 funds were allocated. The table should also
include grant recipients and metrics for anticipated or actual
results.
Animas River Spill.--The Committees feel strongly that an
adequate long-term water quality monitoring program must be in
place for the States and Tribes affected following the Gold
King Mine Spill into the Animas River that impacted Colorado,
New Mexico, Arizona, and the Navajo Nation. The bill includes
$4,000,000 for fiscal year 2021, for a total of $20,000,000
over five years in accordance with funding authorized in the
Water Infrastructure Improvements for the Nation Act (Public
Law 114-322). The Committees direct the Agency to continue to
work in consultation with affected States and Tribes on this
effort. The Agency is also directed to follow the guidance in
Senate Report 116-123.
Assistance to Small and Disadvantaged Communities.--The
agreement provides $26,408,000. The Agency is directed to
follow the guidance in Senate Report 116-123.
Combined Sewer Overflow Grants.--The agreement provides
$40,000,000 for Combined Sewer Overflow Grants. The Committees
are aware that the Agency published a proposed state allocation
formula in the Federal Register on August 4, 2020. The
Committees urge the Agency to expeditiously finalize its
allocation scheme so that states may begin awarding grants to
projects that manage, reduce, or capture stormwater, or that
otherwise improve municipal wastewater systems, thereby
reducing flood risk, protecting public health, and enhancing
the economic vitality of the community.
Categorical Grants.--The bill provides $1,099,400,000 for
Categorical Grants. Funding levels are specified in the table
at the end of this division. Within this amount, the Beaches
Protection program and Radon program are funded at $9,619,000
and $7,795,000, respectively.
Categorical Grant: Hazardous Waste Financial Assistance.--
The agreement provides $101,500,000 for Hazardous Waste
Financial Assistance Grants. The bill includes a provision to
spend categorical grant funds for the purpose of providing
grants to assist States in the development and implementation
of state programs for the control of coal combustion residuals
under section 2301 of the Water and Waste Act of 2016 (Public
Law 114-322), and the Agency is directed to allocate $3,000,000
from the Hazardous Waste Financial Assistance categorical
grants program project for this purpose. The Committees note
that funds awarded under the authority provided by this Act are
not subject to section 3011 of the Solid Waste Disposal Act
(Public Law 89-272).
Categorical Grant: Nonpoint Source (Sec. 319).--The
agreement provides $177,000,000 for Nonpoint Source (Sec. 319)
Grants. The Committees expect the Agency to examine the
allocation formula to ensure that resources are spent in areas
with the most pressing need.
Categorical Grant: Public Water System Supervision.--The
agreement provides $112,000,000 in Public Water System
Supervision Grants, and of the funds provided, $10,000,000 is
to further support States, Territories, and Tribes in
addressing PFAS and other contaminants of emerging concern as
they carry out their Public Water System Supervision programs.
Categorical Grant State and Local Air Quality Management.--
The agreement provides $229,500,000 for State and Local Air
Quality Management Grants. The Agency is directed to allocate
funds for this program using the same formula as fiscal year
2015. The Committees understand the Office of Air and Radiation
was able to provide some additional funds to the States in
fiscal year 2016 using balances. The Committees encourage the
Agency to do the same in fiscal year 2021 and to provide those
additional funds to the regions with the highest need. Should
the Agency seek to change the formula, it should submit a
proposal in its fiscal year 2022 budget justification for
consideration by the Committees.
Categorical Grant: Multipurpose Grants.--The agreement
provides $10,000,000 for Multipurpose Grants to States and
Tribes. States and Tribes often undertake primary cleanup and
remediation efforts on emerging contaminants like PFAS while
the Agency goes through the regulatory process on setting
standards for such contaminants. Given the current activities
of States and Tribes to address the emerging contaminants of
PFAS and others, this funding is expected to aid such
regulatory, cleanup and remediation efforts of contaminated
water sources, water systems, and lands, and of impacted air
quality. The Committees note that such funds should not be
limited to only those activities subject to the Categorical
Grants, but should also include any State-led effort that will
lead to cleanup and remediation of areas affected by PFAS and
other emerging contaminants. The Agency is directed to brief
the Committees within 75 days of enactment of this Act on how
it plans to provide Multipurpose Grants for fiscal year 2021.
Additional Guidance.--The following additional guidance is
included:
Administration of Grants.--For grant programs within this
appropriation, the Administrator shall submit a report
detailing the amounts and sources of funds used to administer
and provide oversight of these grant programs. The report
should be submitted along with the Agency's annual operating
plan.
Rubber Gaskets.--The Agency is directed to follow the
guidance in Senate Report 116-123.
Use of Iron and Steel.--The bill includes language in title
IV general provisions that stipulates requirements for the use
of iron and steel in State Revolving Fund projects, and the
agreement includes only the following guidance: the Committees
acknowledge that the Agency may issue a waiver of said
requirements for de minimis amounts of iron and steel building
materials. The Committees emphasize that any coating processes
that are applied to the external surface of iron and steel
components that otherwise qualify under the procurement
preference shall not render such products ineligible for the
procurement preference regardless of where the coating
processes occur, provided that final assembly of the products
occurs in the United States.
WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM ACCOUNT
The agreement provides a total of $65,000,000 for the Water
Infrastructure Finance and Innovation Act (WIFIA) program. Of
the amount provided, $5,000,000 shall be for implementation of
the SRF WIN Act, as authorized by section 4201 of Public Law
115-270.
ADMINISTRATIVE PROVISIONS--ENVIRONMENTAL PROTECTION AGENCY
(INCLUDING TRANSFERS AND RESCISSION OF FUNDS)
The bill continues several administrative provisions from
previous years.
The bill directs the availability of not less than
$1,500,000 of funds for the National Estuary Program for
competitive grants.
The bill authorizes the Office of Chemical Safety and
Pollution Prevention and the Office of Water in fiscal year
2021 to use up to $2,000,000 to hire students and recent
graduates as contractors on a temporary or intermittent basis.
Rescission.--The bill includes a rescission of $27,991,000
of unobligated balances from the State and Tribal Assistance
Grants account. The Committees are aware that the Agency has
$27,991,000 of balances from prior year special project
infrastructure grants that grantees could not use or repurpose
and therefore returned to the Agency. The bill rescinds these
unobligated balances.
TITLE III--RELATED AGENCIES
Department of Agriculture
Office of the Under Secretary for Natural Resources and Environment
The bill provides $875,000 for the Office of the Under
Secretary for Natural Resources and Environment.
FOREST SERVICE
The Forest Service is directed and expected to use all
authorities available to decrease the risk of fires around
communities, harvest salvage timber, and secure safe access to
national forest system lands for the public. The Service is
also directed to prioritize the use of funding provided under
the Western Bark Beetle Initiative for projects located on non-
Federal land in cases where the State government partners
identify a need related to community wildfire protection.
Additionally, the Committees direct the Service to utilize the
authorities provided by the Consolidated Appropriations Act,
2019 (Public Law 116-6) and the Agriculture Improvement Act,
2018 (Public Law 115-334) to perform critically needed
restoration treatments on National Forest System lands.
The agreement maintains funding for the activities
delineated in House Report 116-448, unless otherwise specified
herein, which the Service will fund with the appropriate
combination of salaries and expenses and programmatic funds
within each appropriations account. The Committees continue the
direction contained in Senate Report 116-123 regarding Spruce
and Bark Beetles, grazing allotments affected by wildfire,
timber target goals, Recommended Wilderness, and Tariffs on
Timber Exports. Additional directives pertaining to the Service
can be found in the Front Matter of this explanatory statement.
Forest Service Modernization Efforts.--The Committees
appreciate the efforts of individuals across the Service to
implement the transition to the modernized budget structure for
fiscal year 2021. The Committees recognize that the culture of
the Service relies heavily on historical practices, which can
be an impediment to change for the better. The Committees
understand the new budget structure will require the Service to
think differently about mission execution and are hopeful that
the modernized structure will result in improved transparency,
better human resources planning, and ultimately better
management of the agency.
Of the funds provided for Federal Lands Forest Health
Management, $3,000,000 is for Service-wide strategic workforce
planning efforts. Concurrently, the Committees direct the
Service to evaluate the impact of the number of Service
employees serving as details or in acting positions, as it
relates to availability of expertise, along with the practice
of detailing employees and incentivizing frequent moves to
accelerate advancement. The Service is directed to provide the
Committees with a briefing on these efforts within 60 days of
enactment of this Act.
To continue to build upon the momentum of Budget
Modernization, the Executive Leadership Team is directed to
meet quarterly with the Committees to discuss ongoing Forest
Service modernization efforts. The Service is directed to
report to the Committees on an evaluation of the Service's
leadership structure, Executive Leadership Team composition,
and any changes that should be made to realign leadership
positions with the new budget structure no later than June 1,
2021. In particular, the Committees are interested in data and
recommendations relating to any changes that could be made to
improve the representation of Wildland Fire Management
leadership under this structure and the potential creation of a
new Deputy Chief for Fire and Aviation. The Committees
recognize that wildland fire-related activities touch every
aspect of the agency and believe that providing the fire
function with a senior leadership role at the Service will
improve coordination and better represents the role fire plays
in agency budgeting and decision making.
Technology Modernization.--In lieu of House direction
regarding technology modernization, the Committees support
technologies such as the Risk Management Assistance framework,
machine-learning generated collaborative technology-based
strategic wildfire risk planning tools and the
productionization of these data-driven decision support tools,
and the implementation of the Wildfire Technology Modernization
section of the John D. Dingell, Jr. Conservation, Management,
and Recreation Act. The Service is directed to make significant
financial investments in these technologies and report to the
Committees within 90 days of enactment of this Act on ongoing
and planned investments in such technologies. Additionally, the
Committees expect the Forest Service to increase technological
investments in future budgets.
FOREST SERVICE OPERATIONS
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $1,026,163,000 for Forest Service
Operations. This new appropriation constitutes those activities
previously supported through the cost pool structure, as well
as other general activities of the Service. The detailed
allocation of funding by activity is included in the table at
the end of this explanatory statement.
FOREST AND RANGELAND RESEARCH
The bill provides $258,760,000 for Forest and Rangeland
Research, which includes $40,720,000 for base research
activities. The Committees expect that funds collected from
reimbursable agreements by the research program will be
reinvested at the station level into programs of work, rather
than used to offset salaries and expenses. The bill provides
sufficient funding for existing facilities and research
stations and the Service is directed to refrain from
considering further consolidations or closures.
Forest Inventory and Analysis (FIA).--FIA is funded at
$17,621,000, which when combined with salaries and expenses, is
funded at not less than the enacted level of $77,000,000. The
Committees understand that the FIA program is currently working
with partners to develop nationally compatible biomass models
to meet information needs. The Service is directed to support
new and existing academic partnerships to further explore the
use of available technologies like remote sensing and
methodologies, such as small area estimation, to further refine
county- and State-level biomass estimates as outlined in Sec.
8632 of Public Law 115-334.
Forest Products Laboratory (FPL).--The Committees provide
not less than enacted levels for FPL to continue research and
to sustain work with existing academic partners. Additionally,
$1,500,000 is continued to develop a wood bridge demonstration
program in conjunction with non-Federal partners to support
rural infrastructure needs through research, development, and
demonstration to stimulate new market development, as well as
education and technical assistance to governmental agencies,
industry, and research institutions, along with not less than
$2,000,000 for research on Forest-based cellulose
nanomaterials, including material forms, manufacturing
processes, and technology transfer.
The Committees recognize the importance of academic
partners and their work on bottomland hardwoods research;
developing new and expanded markets and to advance high-value,
high-volume wood markets; and quantifying forest ecosystem
services, and encourages the Service to sustain these
partnerships.
Funding Directives.--The Service is directed to provide
$3,000,000 to the Joint Fire Science Program in fiscal year
2021 for programmatic expenses and is expected to adequately
fund Fire Plan Research and Development. The agreement
continues the directive contained in Senate Report 116-123
regarding Downed Timber Research and provides $2,000,000 for
those efforts. The bill provides not less than $3,000,000 to
support the Northeastern States Research Cooperative, a
collaboration among universities in New York, New Hampshire,
Maine, and Vermont, sponsoring research to sustain the health
of northern forest ecosystems and communities, to develop new
forest products and improve forest biodiversity management. The
Committees are aware that since 2001, the Service, in
partnership with the Bureau of Land Management, has been
treating Sudden Oak Death infestations on public lands in
Oregon and expect the funding provided to be adequate to
continue these efforts.
The Committees appreciate the Service's engagement on
modernizing the research program and remains committed to
partnering with the Service to restructure its research program
for fiscal year 2022 to enhance coordination on forest related
research and development for improved relevance, global
competitiveness, and effective coordination.
STATE AND PRIVATE FORESTRY
(INCLUDING RESCISSION OF FUNDS)
The bill provides $267,180,000 for State and Private
Forestry, along with a rescission of $5,809,000. The detailed
allocation of funding by activity is included in the table at
the end of this explanatory statement. The Service is directed
to continue working with other Federal agencies, States,
private landowners, and stakeholders to create markets for low-
grade and low-value wood.
Landscape Scale Restoration.--The Service is directed to
use funds for competitive grants and should be focused on State
and national priority projects that have significant,
measurable impact on these priorities.
Funding Directives.--Within the funds provided, $1,000,000
shall be made available to support existing academic
partnerships in the Northern Forest Region for the Forest
Ecosystem Monitoring Cooperative for Maine, New Hampshire, New
York, and Vermont. The Committees further recognize the
importance of the Wood Education and Resource Center supporting
the forest products industry in the Eastern Hardwood Region
through its Wood Energy Technical Assistance Program and
provide $2,000,000 for the Center's activities.
International Programs and Trade Compliance.--The bill
includes $15,395,000 for International Programs and Trade
Compliance. The Committees expect that funds collected from
reimbursable agreements that were previously used to offset
salaries and expenses and are no longer necessary for that
purpose will be reinvested into programs of work.
NATIONAL FOREST SYSTEM
The bill provides $1,786,870,000 for the National Forest
System. The detailed allocation of funding by activity is
included in the table at the end of this explanatory statement.
Hazardous Fuels.--The bill provides $180,388,000 for
hazardous fuels management activities, of which up to
$5,000,000 may be used for implementation of Section 8644 of
Public Law 115-334. Within the funds provided, $6,000,000 is
for the Southwest Ecological Restoration Institutes to continue
enhancing the Service's capacity to execute science-based
forest restoration treatments to reduce the risk of wildfires
and improve the health of dry forest ecosystems.
Prescribed Fire.--The Committees note that returning fire
to the landscape can be a successful tool for reducing wildfire
risk when applied in appropriate locations and situations.
Therefore, the Service is encouraged to improve its use of
prescribed fire practices and establish training programs, and
is further directed to include the number of acres treated
using prescribed fire at the end of each fiscal year, as well
as the costs associated with such activities.
Recreation, Heritage, and Wilderness.--Within the funds
provided, $2,000,000 is made available to support
infrastructure and trails development and to build the capacity
of local user groups and partnership organizations for all
National Recreation Areas administered by the Service
established after 1997. The Service is directed to issue
general guidance on rock climbing management for National
Forest System lands, including the application of the
Wilderness Act (Public Law 88-577) for rock climbing and
appropriate use of equipment in wilderness areas, within 180
days of enactment of this Act.
The bill provides not less than $1,000,000 for
implementation of the NATIVE Act (Public Law 114-221) in
conjunction with the Bureau of Indian Affairs. The Service is
also directed to prioritize implementation of the Tribal Forest
Protection Act (Public Law 108-278).
Lake Tahoe Restoration Act activities are funded as
directed in House Report 116-448. The Service is directed to
update the General Technical Report to reflect that dead timber
resulting from insect, disease, or other standing dead timber
is distinct from logging slash.
CAPITAL IMPROVEMENT AND MAINTENANCE
(INCLUDING TRANSFER OF FUNDS)
The bill provides $140,371,000 for Capital Improvement and
Maintenance programs.
Facilities.--The bill includes $54,037,000 for Facilities.
Consistent with instructions in the explanatory statement
accompanying Public Law 116-94 that construction of a Green
Mountain and Finger Lakes National Forest Supervisor's Office
begin in fiscal year 2020, construction shall continue as
needed for a timely completion of the project; the Service
shall report to the Committees on its progress within 90 days
of enactment of this Act. Additionally, the Service has
statutory responsibilities to collect, curate, and display
historical items from the agency's history and should explore
partnering with nonfederal stakeholders to ensure public access
to these collections in repository and exhibition spaces.
Roads.--The bill includes $68,895,000 for Roads to be used
to increase public safety.
Trails.--The bill includes $17,439,000 for Trails.
Legacy Roads and Trails.--The Service is directed to
continue to track Legacy Roads and Trails accomplishments,
including miles of roads and trails improved, miles of streams
restored, number of bridges and culverts constructed, and miles
of road decommissioned.
LAND ACQUISITION
(RESCISSION OF FUNDS)
The bill includes a rescission of $5,619,000 of prior year
unobligated balances.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
The bill provides $664,000 for the Acquisition of Lands for
National Forests Special Acts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
The bill provides $150,000 for the Acquisition of Lands to
Complete Land Exchanges.
RANGE BETTERMENT FUND
The bill provides $1,719,000 for the Range Betterment Fund.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH
The bill provides $45,000 for Gifts, Donations and Bequests
for Forest and Rangeland Research.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
The bill provides $1,099,000 for the Management of National
Forest Lands for Subsistence Uses. When combined with salaries
and expenses funding provided in the National Forest System
appropriation, this activity is funded at not less than the
enacted level.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
The bill provides a total of $1,927,241,000 for Forest
Service Wildland Fire Management. The Committees believe the
Forest Service should include dedicated funding for restoring
burned areas in future budget requests. Within 90 days of
enactment of this Act, the Service is directed to report to the
Committees a detailed plan for creating a Burned Area
Rehabilitation program, and the potential effects on other
programs and funding levels.
WILDLAND SUPPRESSION OPERATIONS RESERVE FUND
(INCLUDING TRANSFERS OF FUNDS)
Of the funds provided for suppression, $2,040,000,000 is
provided through the Wildland Fire Cap Adjustment authorized in
the Consolidated Appropriations Act, 2018 (Public Law 115-141).
Department of Health and Human Services
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
The bill provides a total of $6,236,279,000 for the Indian
Health Service (IHS), of which $4,301,391,000 is for the
Services account as detailed below. This reflects the transfer
of 105(l) Tribal lease payments to the new indefinite
appropriations account and the redistribution of current
services funds provided in fiscal year 2018 but reprogrammed by
IHS for 105(l) lease costs for a total of $21,225,000. No new
current services funds are provided. The agreement includes
full funding for existing agreements between the Service and
the Seneca Nation and the Service is further expected to
include sufficient resources in future budget requests to meet
these requirements. All programs, projects, and activities are
maintained at fiscal year 2020 enacted levels unless otherwise
specified below. IHS is expected to comply with the
instructions and requirements at the beginning of this division
and in House Report 116-448, unless otherwise specified below.
Language contained in Senate Report 116-123 regarding the
Alaska Comprehensive Forensic Training Academy, first aid kit
enhancements, prescription drug monitoring, and teledermatology
is restated. Additional details, instructions, and requirements
follow below and in the table at the end of this division.
The Committees remain deeply concerned about reports of
sexual abuse at IHS operated facilities. The Service is
directed to keep the Committees apprised of ongoing
investigations into this matter and any legislative
recommendations for Congress in order to prevent such abuse
from happening again.
Staffing for New Facilities.--The agreement includes
$16,350,000 for staffing newly opened health facilities, which
is the full amount required in fiscal year 2021 based upon
updated estimates provided to the Committees. The agreement
also reflects the updated reallocation of previously
appropriated funds for the Paskenta Band of Nomlaki Indians.
Funds for the staffing of new facilities are limited to
facilities funded through the Health Care Facilities
Construction Priority System or the Joint Venture Construction
Program that have opened in fiscal year 2020 or will open in
fiscal year 2021. None of these funds may be allocated to a
facility until such facility has achieved beneficial occupancy
status. As initial estimates included as part of the annual
budget request are refined, IHS is expected to communicate
updated cost estimates to the Committees.
Hospitals and Health Clinics.--The agreement provides
$2,238,087,000 for hospitals and health clinics, which reflects
the transfer of section 105(l) lease costs to the new
indefinite appropriation account, Payments for Tribal Leases.
The recommendation includes program increases of $1,000,000 for
domestic violence prevention, $5,000,000 for Tribal
Epidemiology Centers, $5,000,000 for the Hepatitis C and HIV
initiative, $5,000,000 for Alzheimer's, $5,000,000 to improve
maternal health, and $2,000,000 for the existing Tribal dental
health therapist training program that trains students in
Alaska, Washington, Idaho, and Oregon. The agreement continues
funding at the fiscal year 2020 enacted levels for the
Community Health Aide Program, accreditation emergencies as
discussed in the House report, village built clinics, health
information technology, healthy lifestyles in youth project,
and the National Indian Health Board cooperative agreement.
Electronic Health Records.--The agreement provides
$34,500,000 for Electronic Health Records (EHR) and notes that
an additional $65,000,000 was provided through supplemental
fiscal year 2020 appropriations. The Committees recognize the
need for a new electronic health record system to improve the
overall interoperability, efficiency, and security of the
Service's information technology system. The Committees also
note that the Service has not completed directives on this
topic included in previous fiscal years and solicited in
hearings. The Committees direct the Service to report back
within 120 days of enactment of this Act with a list of Tribes
that currently maintain their own non-RPMS electronic health
record systems along with cost estimates required for those
Tribes to implement, maintain, and make any necessary upgrades
to these systems. Further directions and limitations on
expenditures are provided in the bill.
The Committees understand that many Tribes recently
upgraded their systems to be compatible with the new Veterans
Affairs' system, and that these systems must be compatible with
any new IHS system to the maximum extent practicable. It is the
Committees' expectation that the Service will be able to use
the compiled information gathered during this recent effort
with Veterans Affairs to inform both the Service and the
Committees on which Tribes use their own system and the
estimated costs.
Dental Health.--The agreement provides $214,687,000 for
dental health, which includes a $500,000 general increase, an
additional $500,000 for the electronic dental health records
(EDR) system to finish bringing dental centers onto the system
and to manage the current electronic dental record system, and
an additional $1,000,000 to increase the number of Dental
Support Centers. IHS is directed to include EDR in its
assessment and incorporate EDR in overall efforts to enhance
its EHR system.
Mental Health.--The bill provides $115,107,000 for mental
health, which includes a $5,000,000 general increase and
continues funding at fiscal year 2020 levels for the behavioral
health integration initiative, for suicide prevention, and for
the Telebehavioral Health Center of Excellence.
Alcohol and Substance Abuse.--The bill provides
$251,360,000 for alcohol and substance abuse. The agreement
continues fiscal year 2020 funding levels to address opioid
abuse with instructions for IHS to comply with the instructions
in the explanatory statement accompanying Public Law 116-94,
Generation Indigenous and the Youth Pilot project. The
recommendation includes a program increase of $500,000 for
essential detoxification services, for a total of $2,500,000,
which shall be distributed as directed in Senate Report 116-
123, and a $5,000,000 general program increase. Language
contained in Senate Report 116-123 regarding tribal
consultation for the substance abuse, suicide prevention, and
domestic violence funding is restated.
Purchased/Referred Care.--The agreement includes
$975,856,000 for the Purchased/Referred Care program, which
includes a $5,000,000 general program increase and $5,841,000
for New Tribes.
Indian Health Professions.--The agreement provides
$67,314,000 for Indian health professions, including
$41,000,000 for the loan repayment program and an additional
$1,000,000 for the scholarship program. Funding is continued at
the fiscal year 2020 levels for the InMed program, including
the fourth site expansion, Quentin N. Burdick Indians into
Nursing, and the American Indians into Psychology Programs.
The Committees are concerned that IHS struggles to recruit
and retain enough clinical staff to maintain high quality care
at the Service's federally operated facilities. The Service is
directed to work with other Federal partners, including the
Office of Personnel Management and Office of Management and
Budget, as applicable, to expedite creation of market-specific
pay scales to ensure the Service is able to offer competitive
recruitment packages. Within 180 days of enactment of this Act,
the IHS shall report on any regulatory or statutory limitations
that prohibit the Service from offering incentives, such as
scheduling flexibility, that the Service believes hurts its
recruitment and retention efforts.
Direct Operations.--The bill provides $82,456,000 for
Direct Operations, which includes requested program increases
of $4,920,000 for quality and oversight, and $4,978,000 for
management and operations. In addition, $1,000,000 is provided
to conduct an infrastructure study for facilities run by urban
Indian organizations (UIOs).
CONTRACT SUPPORT COSTS
The bill continues language from fiscal year 2020 providing
an indefinite appropriation to fully fund contract support
costs, which are estimated to be $916,000,000.
PAYMENTS FOR TRIBAL LEASES
The bill includes language establishing an indefinite
appropriation for payment of Tribal leases under section 105(l)
of the Indian Self-Determination and Education Assistance Act,
which are estimated to be $101,000,000 in fiscal year 2021. The
new account provides additional budget authority to fully fund
such costs without the need for reprogramming, if actual costs
exceed the current estimate. IHS is reminded of the directive
to continue to seek a longer-term solution, as contained in the
explanatory statement accompanying Public Law 116-94. Further
direction is provided in the bill under Title IV of this
division.
INDIAN HEALTH FACILITIES
The bill provides $917,888,000 for Indian Health
Facilities. All programs, projects, and activities are
maintained at fiscal year 2020 enacted levels unless otherwise
specified below. Current services are not provided; however,
the Service is directed to redistribute the current services
appropriated in fiscal year 2018 but reprogrammed by the
Service to meet 105(l) Tribal lease payment costs. IHS is
expected to comply with the instructions and requirements at
the beginning of this division and in House Report 116-448,
unless otherwise specified below. Language contained in Senate
Report 116-123 regarding health impacts of inadequate
sanitation, Mt. Edgecombe, and the Alaska facility assessments
required by Public Law 116-6 with further direction for the
Service to respond within 30 days of enactment of this Act if
this assessment cannot be completed is restated.
Staffing for New Facilities.--The bill includes $1,999,000
for staffing newly opened health facilities, which is the full
amount based upon updated estimates provided to the Committees.
The stipulations included in the ``Indian Health Services''
account regarding the allocation of funds pertain to this
account as well.
Joint Ventures.--IHS is directed to establish a more
consistent application cycle of between three to five years for
consideration of new joint venture projects. At each
competitive cycle, IHS should select a specific number of
awards and non-selected applications should be eligible to
reapply during the next competitive cycle.
Sanitation Facilities Construction.--The agreement provides
$196,577,000 for Sanitation Facilities Construction, which
includes $3,000,000 to provide technical assistance, training,
and guidance to sanitation operators, families, and communities
regarding the operation and maintenance of water supply and
sewage disposal facilities.
Health Care Facilities Construction.--The agreement
provides $259,290,000 for health care facilities construction,
of which $10,000,000 is for quarters. The recommendation also
continues $5,000,000 for green infrastructure and $25,000,000
for small ambulatory clinics. Of the small ambulatory funds,
$5,000,000 is for replacement and expansion projects. The
agreement continues the direction related to green
infrastructure included in the explanatory statement
accompanying Public Law 116-94.
Equipment.--The bill provides $29,087,000 for the Equipment
program, which includes $500,000 for TRANSAM and $1,000,000 for
emergency generators, as directed in House report 116-448.
National Institutes of Health
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
The agreement provides $81,500,000 for the National
Institute of Environmental Health Sciences. The Committees
continue the $2,000,000 increase provided in fiscal year 2020
as base funds in fiscal year 2021 to further the Institute's
work on PFAS and other contaminants of emerging concern.
Further, of the funds provided, not less than $1,750,000 shall
be allocated to support risk reduction for Native Americans to
hazardous metals mixtures from abandoned uranium mine waste.
Agency for Toxic Substances and Disease Registry
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
The agreement provides $78,000,000. The Committees continue
the $2,000,000 increase provided in fiscal year 2020 as base
funds in fiscal year 2021 to further the Agency's work on PFAS
and other contaminants of emerging concern.
Birth Cohort Study.--The bill provides funding for
continuation of the birth cohort study on the Navajo Nation.
The Committees support the study to better understand the
relationship between uranium exposures, birth outcomes, and
early developmental delays on the Navajo Nation.
Areas with High Incidence of Pediatric Cancer.--The
Committees acknowledge that it has received a report from ATSDR
that provides details on the geographic variation in pediatric
cancer incidence in the United States. The Committees urge the
Agency to conduct public outreach and provide education to
communities affected by pediatric cancer clusters and States
with abnormally high incidences of pediatric cancer. The
Committees direct the Agency to brief the Committees within 120
days of enactment of this Act regarding its actions to improve
awareness by communities of possible contributing factors to
pediatric cancer, including environmental factors.
Pediatric Environmental Health Specialty Units.--The Agency
is directed to follow the guidance in Senate Report 116-123.
Per- and Polyfluoroalkyl Substances (PFAS).--The Agency
shall follow direction included in Senate Report 116-123 with
regards to per- and polyfluoroalkyl substances.
Other Related Agencies
Executive Office of the President
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY
The agreement provides $3,500,000 for the Council on
Environmental Quality and Office of Environmental Quality.
Chemical Safety and Hazard Investigation Board
SALARIES AND EXPENSES
The bill provides $12,000,000 for the Chemical Safety and
Hazard Investigation Board.
Office of Navajo and Hopi Indian Relocation
SALARIES AND EXPENSES
The bill provides $4,000,000 for the Office of Navajo and
Hopi Indian Relocation for salaries and expenses. The bill
continues the direction provided in the explanatory statement
accompanying Division G of the Consolidated Appropriations Act,
2017 (Public Law 115-31). There is continued commitment to
bringing the relocation process to an orderly conclusion and
ensuring all eligible relocatees receive the relocation
benefits to which they are entitled. Consultation with all
affected parties and agencies is the key to a transparent,
orderly closeout.
Institute of American Indian and Alaska Native Culture and Arts
Development
PAYMENT TO THE INSTITUTE
The bill provides $10,772,000 for fixed costs and academic
program requirements of the Institute of American Indian Arts.
Smithsonian Institution
SALARIES AND EXPENSES
The bill provides a total of $1,032,722,000 for all
Smithsonian Institution accounts, of which $818,192,000 is
provided for salaries and expenses. The detailed allocation of
funding is included in the table at the end of this explanatory
statement.
The agreement recognizes the role the Institution has
played as a source of learning and inspiration and appreciates
the challenges the Institution must overcome to keep the
museums open and available to the public. The importance of
collaboration and partnerships is understood and areas such as
the National Zoological Park (Zoo) are strongly encouraged to
work with external sources to provide support in pathological
research, services, and training to augment the existing needs
of the Zoo.
The recommendation also supports collaborations with
outside partners to accelerate use of digital technology to
develop user-friendly, customizable content and tools to make
the Smithsonian's artifacts and collections, specifically
including the music and historic collections of the Center for
Folklife and Cultural Heritage, more accessible for teachers
and students so that these resources can enhance school
curriculums to deepen understanding of U.S. history and civics
education, to foster civic engagement, and to expand much-
needed digital access to educational experiences and resources.
The pace of the Smithsonian Institution's efforts to
repatriate human remains, funerary objects, sacred objects, and
objects of cultural patrimony pursuant to the National Museum
of the American Indian Act (NMAI Act) (Public Law 105-185) is
concerning. Within 90 days from the date of enactment of this
Act, the Smithsonian Institution shall submit a report to the
Committees on Appropriations of the House of Representatives
and the Senate on the Smithsonian's progress to-date in
implementing the NMAI Act, including an estimated timeframe for
completion of its repatriation responsibilities, and for
completion of its inventory of remains and associated grave
objects. This report shall also include the efforts undertaken
to collaborate and consult with federally recognized Indian
Tribes and Native Hawaiian Organizations (NHO) to expedite the
repatriation process, and to address the disposition of remains
or funerary objects for which a relationship with an Indian
Tribe or NHO is unable to be determined.
Within amounts provided for the Salaries and Expenses
account, the recommendation includes $6,000,000 for the
Institution's Latino initiatives and the Smithsonian Latino
Center; $6,000,000 for the American Women's History
Initiatives; and funding as requested for the Asian Pacific
American experience.
The agreement provides funding increases above the enacted
level of $14,388,000 for pay and benefits; $2,105,000 for rent
and utilities; $570,000 for fixed costs as requested; and
$5,471,000 for program changes.
The agreement provides $115,261,000 for facilities
maintenance, including the continuation of $35,000,000 to
address deferred maintenance and repairs, and $241,137,000 for
facilities operations, security and support.
FACILITIES CAPITAL
The bill provides $214,530,000 for Facilities Capital. The
recommendation includes $181,530,000 for revitalization, of
which $55,000,000 is provided for the multi-year, multi-phase
National Air and Space Museum revitalization effort, reflecting
the final payment requested for the renovation. Facilities
planning and design is funded at $33,000,000. The U.S.
Government Accountability Office review and analysis of the
National Air and Space Museum revitalization has been
completed.
National Gallery of Art
SALARIES AND EXPENSES
The bill provides $153,242,000 for the Salaries and
Expenses account of the National Gallery of Art, of which not
to exceed $3,700,000 is for the special exhibition program.
REPAIR, RESTORATION, AND RENOVATION OF BUILDINGS
The bill provides $23,203,000 for the Repair, Restoration,
and Renovation of Buildings account and includes funds for the
design of an off-site art storage facility in partnership with
the Smithsonian Institution.
John F. Kennedy Center for the Performing Arts
OPERATIONS AND MAINTENANCE
The bill provides $26,400,000 for the Operations and
Maintenance account, including a bill change regarding the
period of availability.
CAPITAL REPAIR AND RESTORATION
The bill provides $14,000,000 for the Capital Repair and
Restoration account. Funds provided above the request are to
address critical safety, security, and capital repair and
restoration needs.
Woodrow Wilson International Center for Scholars
SALARIES AND EXPENSES
The bill provides $14,000,000 for the Woodrow Wilson
International Center for Scholars to continue the Federal
commitment and support operations.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
GRANTS AND ADMINISTRATION
The bill provides $167,500,000 for the National Endowment
for the Arts to continue the important work of the Endowment
(NEA). Changes to the enacted level are included in the table
at the end of this explanatory statement. The Committees
continue the direction regarding the collaborative relationship
among NEA and the States, priorities, and allocation to State
arts agencies contained in the explanatory statement
accompanying the Further Consolidated Appropriations Act, 2020
(Public Law 116-94). The agreement continues the Senate
direction contained in report 116-123 supporting the Creative
Forces NEA Military Healing Arts Network.
National Endowment for the Humanities
GRANTS AND ADMINISTRATION
The bill provides $167,500,000 for the National Endowment
for the Humanities (NEH) to continue the important work of the
Endowment. Changes to the enacted level are included in the
table at the end of this explanatory statement.
The Committees encourage the NEH to incorporate and
continue the two popular components of the former ``We the
People'' initiative grant opportunities, the National Digital
Newspapers Program, and the Landmarks of American History and
Culture workshops as part of the new initiative or with other
funds.
The Committees encourage NEH to provide support to projects
that focus on our Nation's history and culture, including
Russian orthodox sacred sites and churches listed on the
National Register of Historic places in need of restoration.
Additionally, the Committees urge the Endowment to consider
applications which focus on the complex and historically
significant narratives of communities tied to recently
discovered sites of the transatlantic slave trade, such as the
Clotilda, the last known slave ship to arrive in the United
States.
Commission of Fine Arts
SALARIES AND EXPENSES
The bill provides $3,240,000 for the Commission of Fine
Arts.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
The bill provides $5,000,000 for the National Capital Arts
and Cultural Affairs program. Grant funds shall be distributed
consistent with the established formula and eligibility
requirements used in fiscal year 2020.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
The bill provides $7,400,000 for the Advisory Council on
Historic Preservation.
Rights-of-Way.--The Committees recognize that Section 11504
of the FAST Act (Public Law 114-94) directed the Advisory
Council on Historic Preservation, by June 2, 2017, to ``issue a
final exemption of railroad rights-of-way from review under
chapter 3061 of title 54 consistent with the exemption for
interstate highways approved on March 10, 2005 (70 Fed. Reg.
11,928).'' The Committees encourage the Advisory Council on
Historic Preservation to continue working collaboratively with
the Federal Railroad Administration and with project proponents
to provide railroad rights-of-way the relief offered to the
interstate highway system.
National Capital Planning Commission
SALARIES AND EXPENSES
The bill provides $8,124,000 for the National Capital
Planning Commission.
United States Holocaust Memorial Museum
Holocaust Memorial Museum
The bill provides $61,388,000 for the United States
Holocaust Memorial Museum.
Presidio Trust
The bill provides the Presidio Trust the authority to issue
obligations in an amount not to exceed $20,000,000.
Dwight D. Eisenhower Memorial Commission
SALARIES AND EXPENSES
The bill provides $1,000,000 for salaries and expenses of
the Dwight D. Eisenhower Memorial Commission.
Women's Suffrage Centennial Commission
SALARIES AND EXPENSES
The bill does not include funding for the Women's Suffrage
Centennial Commission, as authorized by title VII of Public Law
115-31, because the work of the Commission is complete, and
included programs and activities in honor of the 100th
anniversary of the passage and ratification of the Nineteenth
Amendment to the U.S. Constitution, which guaranteed women the
right to vote.
World War I Centennial Commission
SALARIES AND EXPENSES
The bill provides $7,000,000 for the Salaries and Expenses
account of the World War I Centennial Commission.
Alyce Spotted Bear and Walter Soboleff Commission on Native Children
The bill provides $500,000 for necessary expenses of the
Commission. The Commission is directed to conduct a
comprehensive study of Federal, State, local, and Tribal
programs that serve Native children.
TITLE IV--GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
The bill includes various legislative provisions in Title
IV of the bill. The provisions are:
Section 401 continues a provision providing that
appropriations available in the bill shall not be used to
produce literature or otherwise promote public support of a
legislative proposal on which legislative action is not
complete.
Section 402 continues a provision providing for annual
appropriations unless expressly provided otherwise in this Act.
Section 403 continues a provision providing restrictions on
departmental assessments unless approved by the Committees on
Appropriations.
Section 404 continues a limitation on accepting and
processing applications for patents and on the patenting of
Federal lands.
Section 405 continues a provision regarding the payment of
contract support costs.
Section 406 addresses the payment of contract support costs
for fiscal year 2021.
Section 407 continues a provision providing that the
Secretary of Agriculture shall not be considered in violation
of certain provisions of the Forest and Rangeland Renewable
Resources Planning Act solely because more than 15 years have
passed without revision of a forest plan, provided that the
Secretary is working in good faith to complete the plan
revision.
Section 408 continues a provision limiting preleasing,
leasing, and related activities within the boundaries of
National Monuments.
Section 409 restricts funding appropriated for acquisition
of land or interests in land from being used for declarations
of taking or complaints in condemnation.
Section 410 continues a provision which prohibits no-bid
contracts.
Section 411 continues a provision which requires public
disclosure of certain reports.
Section 412 continues a provision which delineates the
grant guidelines for the National Endowment for the Arts.
Section 413 continues a provision which delineates the
program priorities for the programs managed by the National
Endowment for the Arts.
Section 414 permits funds provided to the National
Endowment for the Arts to be used for the operating expenses of
grantees.
Section 415 permits funds provided to the National
Endowment for the Humanities to be used for the operating
expenses of grantees.
Section 416 requires the Department of the Interior,
Environmental Protection Agency, Forest Service and Indian
Health Service to provide the Committees on Appropriations
quarterly reports on the status of balances of appropriations.
Section 417 extends certain authorities through fiscal year
2021 allowing the Forest Service to renew grazing permits.
Section 418 prohibits the use of funds to maintain or
establish a computer network unless such network is designed to
block access to pornography websites.
Section 419 addresses the humane transfer and treatment of
excess wild horses and burros.
Section 420 extends the authority of the Forest Service
Facility Realignment and Enhancement Act.
Section 421 sets requirements for the use of American iron
and steel for certain loans and grants.
Section 422 provides authority for the Secretary of the
Interior to enter into training agreements and to transfer
excess equipment and supplies for wildfires.
Section 423 provides a one-year extension of the Federal
Lands Recreation Enhancement Act.
Section 424 incorporates Reprogramming Guidelines into the
Act.
Section 425 continues a provision through fiscal year 2021
authorizing the Secretary of the Interior and the Secretary of
Agriculture to consider local contractors when awarding
contracts for certain activities on public lands.
Section 426 extends the authority for the Shasta-Trinity
Marina fee for one year.
Section 427 extends the authority for the Interpretive
Association for one year.
Section 428 extends the authority for Puerto Rico Schooling
for one year.
Section 429 extends the authority for Forest Botanical
Products fee collection for one year.
Section 430 includes certain limitations on oil and gas
development near Chaco Culture National Historical Park.
Section 431 requires 105(l) Tribal lease payments to begin
no earlier than the date the lease proposal is submitted and
for the Federal agencies to consult with Tribes on lease
requirements.
Section 432 requires the Secretary of Interior to conduct a
resource study of sites associated with the 1908 Springfield
Race Riot.
Section 433 extends the authority for the Forest Ecosystem
Health and Recovery Fund by one year.
Section 434 requires the allocation of funds from the
National Parks and Public Land Legacy Restoration Fund and Land
and Water Conservation Fund.
Section 435 addresses timber sales involving Alaska western
red and yellow cedar.
Section 436 continues a provision prohibiting the use of
funds to promulgate or implement any regulation requiring the
issuance of permits under Title V of the Clean Air Act for
carbon dioxide, nitrous oxide, water vapor, or methane
emissions.
Section 437 continues a provision prohibiting the use of
funds to implement any provision in a rule if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
Section 438 continues a provision prohibiting the use of
funds to regulate the lead content of ammunition or fishing
tackle.
Section 439 addresses carbon emissions from forest biomass.
Section 440 addresses the use of small remote incinerators
in the State of Alaska.
ALLOCATION OF FUNDS FROM THE NATIONAL PARKS AND PUBLIC LAND LEGACY
RESTORATION FUND--FISCAL YEAR 2021
------------------------------------------------------------------------
Station or Unit Project or
State(s) Name Activity
------------------------------------------------------------------------
Bureau of Land Management
------------------------------------------------------------------------
AK.............................. Fairbanks District Fort Egbert
National Historic
Landmark Repairs
AK.............................. Anchorage District Glennallen Log
Bunkhouse
AK.............................. Anchorage District Campbell Creek
Science Center
Access Repairs
AK.............................. Anchorage District Campbell Tract
Recreation Access
Repair
AK.............................. Anchorage District Sourdough
Campground Bridge
Replacement
AZ.............................. Colorado River Partners Point
District. Pole Barn and
Admin Building
Replacement
AZ.............................. Gila District..... Haekel Road
Rehabilitation
Chip Seal, FLTP
(Phase 1 of 2)
AZ.............................. Lake Havasu Partners Point
District. Boat Dock and
Ramp Replacement
AZ.............................. Lake Havasu Water System and
District. Dump Station
Repair Burro
Creek Recreation
Site
CA.............................. Northern Punta Gorda
California Lighthouse
District. Rehabilitation--(
Phase 2 of 3)
CA.............................. California Field Statewide Security
Offices. System
Maintenance and
Repairs (Phase 1
of 2)
CA.............................. Central California Pleasant Valley
District. Pit Campground
Maintenance and
Rehabilitation
CA.............................. Central California Mendo Lake Road
District. Maintenance and
Repairs
CA.............................. California RI-CASHE--Repair
Telecommunication Safety
s Network. Deficiencies
Statewide (Phase
1 of 2)
CO.............................. Colorado Buildings Colorado
Facilities Repair
Deferred
Maintenance
CO.............................. Colorado Colorado
Recreation Sites. Recreation Site
Repair (Phase 1
of 3)
CO.............................. Colorado Road Colorado Road
Network. Repair Deferred
Maintenance
(Phase 1 of 2)
CO.............................. Colorado Building Colorado
Utilities. Environmental
Health and Safety
Repair (Phase 1
of 3)
CO.............................. Colorado Colorado Radio
Telecommunication Towers Repairs
s. (Phase 2 of 3)
CO.............................. Grand Junction Air Grand Junction Air
Center. Center Repair
Containment Pond
CO.............................. Rocky Mountain San Luis Valley
District. Well and Water
Delivery Repairs
(Phase 1 of 2)
FL.............................. Jupiter Inlet Jupiter Inlet
Outstanding Shore
Natural Area. Stabilization
FL.............................. Jupiter Inlet Jupiter Inlet--
Outstanding Building Disposal
Natural Area.
ID.............................. National 300-Jack Wilson
Interagency Fire Headquarters
Center. Repairs &
Uninterruptible
Power Supply
Replacement
ID.............................. National 405-Hangar Fire
Interagency Fire Safety System
Center. Replacement NIFC
ID.............................. Boise District.... Boise District
Road Repairs
ID.............................. Idaho Falls Idaho Falls
District. District Road
Repairs
ID.............................. Twin Falls Twin Falls
District. District Road
Repairs
ID.............................. National Campus Storm Drain
Interagency Fire Piping
Center. Replacement NIFC
ID.............................. Twin Falls Shoshone Field
District. Office
Replacement
MT.............................. Western Montana Big Hole
District. Recreation Sites
Maintenance and
Restoration
MT.............................. Eastern Montana Acton Road Gravel
District.
MT.............................. Eastern Montana Crooked Creek Road
District. Repair Planning
and Design
MT.............................. Eastern Montana Eastern Montana
District. Dakotas District
Fog Seal
MT.............................. Western Montana Moose Creek Road
District. Resurfacing
MT.............................. Western Montana Ruby Creek Road
District. Chip Seal (Phase
2 of 2)
MT.............................. Eastern Montana Stellar Creek Road
District. Repair
MT.............................. Eastern Montana Alkali Creek and
District. Centennial Trail
Creek Crossing
MT.............................. Western Montana Beartooth Landing
District. Dock
MT.............................. Western Montana Carbella Boat Ramp
District. Repair
MT.............................. North Central Grub Dam
District. Rehabilitation
MT.............................. Western Montana Monida Creek Dam
District. #1 and #2 Repair
MT.............................. North Central South Fork Dry
District. Blood Creek
Detention Dam
Repair (Phase 1
of 2)
MT.............................. Western Montana Axolotl Lakes Road
District. Surfacing
NM.............................. Las Cruces Lake Valley Host
District. and Site
Maintenance
NM.............................. Albuquerque Socorro Nature
District. Area Repairs
NM.............................. Las Cruces Caballo-Cooke's
District. Road Repairs
NM.............................. Taos District..... Wild Rivers Back
Country Byway
NM.............................. Las Cruces Apache Dam Repair
District.
NM.............................. Las Cruces Cox Well and Water
District. System
NM.............................. Las Cruces Palomas Dam #9
District. Repairs
NM.............................. Albuquerque Pinon Dam Repairs
District.
NM.............................. Las Cruces Starvation Draw
District. Detention Dams
(phase 1 of 2)
NM.............................. Las Cruces Permian Trackways
District. Road Repairs
NV.............................. Winnemucca Orovada Crew
District. Quarters
McDermitt
Replacement
NV.............................. Battle Mountain Eureka Admin Site
District. Disposals
NV.............................. Carson City Sand Mountain Road
District. Safety Repairs
NV.............................. Carson City Indian Creek
District. Recreation Area
Repairs
NV.............................. Nevada NV Radio
Telecommunication Infrastructure
s Network. Safety Repairs
NV.............................. Southern Nevada Red Rock Fee
District. Station Septic
System
Replacement--(Pha
se 1 of 2)
OR.............................. Burns District.... Burns Junction
Fire Station
Repair and
Renovation
OR.............................. Medford District.. Grants Pass Field
Office
Administrative
Sites Repairs
OR.............................. Coos Bay District. Loon Lake Storm
Repairs (Phase 2
of 2)
OR.............................. Spokane District.. NHOTIC Energy
Conservation
(Phase 3 of 3)
OR.............................. Coos Bay District. Repair Dean Creek
Cabana
OR.............................. Roseburg District. Roseburg District
Office and
Security
Deficiency
Repairs
OR.............................. Prineville Maupin Work Site
District. (Phase 3 of 3)
OR.............................. Coos Bay District. Coos Bay District
Road and Bridge
Repairs (Phase 1
of 5)
OR.............................. Lakeview District. Eastside Road
Surface Rock
Replacement
OR.............................. Lakeview District. Lakeview Field
Office Road
Resurfacing
(Phase 1 of 5)
OR.............................. Prineville Sunflower Creek
District. Culvert
Replacement
(Phase 2 of 2)
OR.............................. Burns District.... Warm Springs-
Stinkingwater
Access Road
Repair
OR.............................. Lakeview District. Westside Road
Surface Rock
Replacement
OR.............................. Burns District.... Burns District
Office Radio
Tower Replacement
OR.............................. Prineville Chimney Rock
District. Repair and
Renovation (Phase
2 of 2)
UT.............................. Western Desert Little Sahara rec
District. site maintenance,
(Phase 1 of 3)
UT.............................. Western Desert Rosebud
District. administrative
site storage
structure
replacement
UT.............................. Color Country Color Country
District. Recreation Sites,
maintenance and
repairs, Phase 2
UT.............................. Canyon Country Hamburger Rock
District. Campground
repairs, (Phase 2
of 2)
UT.............................. Canyon Country Moab Recreation
District. site Repair
(Phase 1 of 2)
UT.............................. Color Country St. George Field
District. Office, Red Reef
Shelter
maintenance and
repairs
UT.............................. Canyon Country Canyon Rims Roads,
District. Needles Overlook
Road, westernmost
portion,
maintenance and
repairs, Phase 2
UT.............................. Color Country Color Country Road
District. Project
maintenance and
repairs
UT.............................. Canyon Country Monticello Trail,
District. Mill Canyon Track
site boardwalk,
maintenance
UT.............................. Green River Swasey's
District. campground,
parking
expansion, boat
ramp repair
UT.............................. Color Country Hanging Rock
District. Recreation Site
and Road,
maintenance and
repairs
WA.............................. Spokane District.. Spokane District
Historic Building
Stabilization
(Phase 1 of 2)
WA.............................. Spokane District.. Umtanum Bridge
Repairs (Phase 3
of 3)
WA.............................. Spokane District.. Folsom Farm Barn
Repairs
WY.............................. Rock Springs Rock Springs Wild
District. Horse Holding
Facility Repair
WY.............................. Wind River Bighorn Gooseberry
Basin District. Recreation Site
Repairs
WY.............................. Wind River Bighorn Hyattville Logging
Basin District. Road
WY.............................. High Desert Mills Ware Yard
District. Repairs
WY.............................. Wind River Bighorn National Minerals
Basin District. Lab Parking Lot
Drainage
WY.............................. Wind River Bighorn Neiber Bridge
Basin District. Repair
WY.............................. Wind River Bighorn Fubar Dam
Basin District.
WY.............................. High Desert Little Robber Dam
District. Repair
WY.............................. Rock Springs Rock Springs
district. Boiler
Replacement
WY.............................. Wind River Bighorn Snyder Creek Dam
Basin District. Repair
Bureau-wide....... Program Support/
Project Delivery
Total, Bureau of $95,000,000
Land Management.
------------------------------------------------------------------------
Fish and Wildlife Service
------------------------------------------------------------------------
AK.............................. Izembek NWR....... Modernize
Facilities and
Repair Seismic
Issues, Phase
(I)--Design
AR.............................. Dale Bumpers White Modernize multiple
River NWR. outdoor
recreational
access facilities
and
transportation
assets, Phase
(I)--Design
CA.............................. Tule Lake NWR..... Consolidate and
Modernize Public
Use Facilities,
Improve Waterfowl
Hunting Areas and
Improve
Recreational
Access
ID.............................. Camas NWR......... Modernize
Infrastructure to
Improve Waterfowl
Hunting Areas and
Improve
Recreational
Access
IL.............................. Crab Orchard NWR.. Modernize Public
Use Facilities,
Repair Seismic
Issues and
Improve
Recreational
Access
MI.............................. Seney NWR......... Consolidate and
Modernize Public
Use Facilities
and Improve
Recreational
Access
Multiple........................ Maintenance Action National Hire of
Teams at Multiple Wage Grade (WG)
National Wildlife Professionals to
Refuges. stand up
Maintenance
Action Team (MAT)
Strike Forces
OK.............................. Wichita Mountains Consolidate and
Wildlife Refuge. Modernize Public
Use Facilities
and Improve
Recreational
Access
TX.............................. Attwater Prairie Consolidate and
Chicken NWR. Modernize Habitat
and Public Use
Facilities
Service-wide...... Program Support/
Project Delivery
Total, Fish and $95,000,000
Wildlife Service.
------------------------------------------------------------------------
National Park Service
------------------------------------------------------------------------
AK.............................. Glacier Bay Replace
National Park & Concessioner
Preserve. Housing Units
AZ.............................. Grand Canyon Rehabilitate and
National Park. Preserve Historic
Powerhouse
Building For
Future Use
CA.............................. Golden Gate Rehabilitate
National Presidio Building
Recreation Area. 643 (PE-643) for
NPS Maintenance
Operations (Phase
2)
CA.............................. Yosemite National Rehabilitate the
Park. Crane Flat
Campground to
Enhance the
Visitor
Experience
CA.............................. Yosemite National Rehabilitate the
Park. Tuolumne Meadows
Campground to
Enhance the
Visitor
Experience
CA.............................. Sequoia and Kings Lodgepole
Canyon National Campground Water
Park. System
Rehabilitation
CA.............................. Yosemite National Rehabilitate the
Park. Bridalveil Creek
Campground Water
Distribution
System for Park
Visitors
CA.............................. Yosemite National Repair and Replace
Park. 70KV Transmission
Line From
Parkline to Hwy
140 Powerhouse
CA.............................. Yosemite National Glacier Pt. Rd
Park. Rehabilitation
CO.............................. Rocky Mountain Rehabilitate
National Park. Headquarters East
Water System and
Moraine Park
Campground
Electrical
Distribution
DC.............................. National Mall & Complete Jefferson
Memorial Parks. Memorial Exterior
Marble
Restoration
DC.............................. National Mall & Rehabilitate
Memorial Parks. Historic Belmont
Paul House
DC.............................. National Mall & Rehabilitate
Memorial Parks. Pedestrian/
Bicycle Path from
Inlet Bridge to
Virginia Ave NW
(Kennedy Center
Trail
Reconstruction)
FL.............................. Everglades Rehabilitate
National Park. Marina Bulkheads
at Flamingo
KY.............................. Mammoth Cave Replace Mammoth
National Park. Cave Hotel Roof
To Correct
Deficiencies and
Improve Visitor
Experience
MA.............................. Boston National Restore Dorchester
Historical Park. Monument and
Hardscapes
MD.............................. Chesapeake and Repair Failing Dam
Ohio Canal #5 Left Abutment
National
Historical Park.
ME.............................. Acadia National Replace
Park. Maintenance
Facilities at
McFarland Hill
Headquarters
MT.............................. Glacier National Rehabilitate Final
Park. 9.3 miles of the
Going-to-the-Sun
Road & Replace
Bridge Over
McDonald Creek
Multiple........................ Preservation GAOA Maintenance
Maintenance Action Team
Action Teams at
Multiple Parks.
NC.............................. Blue Ridge Parkway BLRI
Reconstruction
(NC)
NC.............................. Blue Ridge Parkway Replace Laurel
Fork Bridge
ND.............................. Theodore Roosevelt South Unit Scenic
National Park. Loop Slide Repair
NJ.............................. Gateway National Replace Shoreline
Recreation Area. Stabilization
Structures at
Sandy Hook and
Jacob Riis
NJ, PA.......................... Delaware Water Gap Delaware Water Gap
National Loop Road
Recreation Area.
NV.............................. Lake Mead National Demolish Lake Mead
Recreation Area. Lodge Resort
Complex and
Restore Area to
Native Condition
NV.............................. Lake Mead National Relocate Callville
Recreation Area. Bay Water Intake
Barge to Ensure
Safe Drinking
Water for
Visitors &
Concessioners
NY.............................. Statue of Liberty Rehabilitate
National Monument. Terreplein
NY.............................. Saratoga National Rehabilitate
Historical Park. Battlefield
Interpretive
Experience
NY.............................. Statue of Liberty GAOA: Rehabilitate
National Monument. Exterior Systems
of Main Building
OH.............................. Cuyahoga Valley Demolish Vacant
National Park. Excess Structures
PA.............................. Independence Rehabilitate
National Mission Dependent
Historical Park, HVAC Systems and
Edgar Allan Poe Implement Energy
National Historic Conservation
Site, Thaddeus Measures
Kosciuszko
National Memorial.
PR.............................. San Juan National Stabilize Cliff at
Historic Site. San Fernando
Bastion
TN.............................. Great Smoky Replace Sugarlands
Mountains Maintenance
National Park. Facilities
TN.............................. Great Smoky Foothills Parkway
Mountains Rehabilitation
National Park. (Sections 8G--MP
55-MP 65 and
Section 8H--MP 65
to MP 72,
totaling 17
miles)
VA.............................. Shenandoah Remove Obsolete
National Park. Structures and
Restore Areas to
Native Condition
VA.............................. George Washington GWMP North Section
Memorial Parkway. Rehabilitation
VA.............................. Shenandoah Pavement
National Park. Preservation
Along 54 miles of
Skyline Drive and
19 overlooks
associated with
Skyline Drive.
VA.............................. Colonial National Reconstruct York
Historical Park. River Shoreline
WA.............................. Fort Vancouver Rehabilitate
National Historic Historic Main
Site. Parade Ground
Barracks Building
and Parking Areas
WA.............................. Mount Rainier Rehabilitate
National Park. Ohanapecosh
Campground and
Replace Sewer
Collection System
WA.............................. Mount Rainier Rehabilitate
National Park. Stevens Canyon Rd
MP 5-14
WY.............................. Yellowstone Purchase and
National Park. Install 8 Modular
Housing Units to
Replace
Deteriorated
Housing Units
Parkwide To Be
Determined
WY.............................. Yellowstone Rehabilitate and
National Park. Reconfigure the
Historic Laurel
Dormitory at Old
Faithful
WY.............................. Yellowstone Rehabilitate
National Park. Exteriors of Fort
Yellowstone
Structures
WY.............................. Grand Teton Moose Wilson Road
National Park. Project
WY.............................. Yellowstone Old Faithful to
National Park. West Thumb, 3R
WY.............................. Grand Teton Replace the Colter
National Park. Bay Main
Wastewater Lift
Station
WY.............................. Grand Teton Correct Roof and
National Park. Building Failures
at HQ/Maintenance/
Dispatch Complex
WY.............................. Yellowstone Lewis River Bridge
National Park.
Service-wide...... Program Support/
Project Delivery
Total, National $1,330,000,000
Park Service.
------------------------------------------------------------------------
Bureau of Indian Education
------------------------------------------------------------------------
AZ.............................. Southwest Region.. Southwest--Educati
on Demolition
Project
AZ.............................. Western Region.... Western--Education
Demolition
Project
AZ, NM.......................... Navajo Region..... Many Farms High
School--Major
FI&R
AZ, NM.......................... Navajo Region..... Navajo--Education
Demolition
Project a
AZ, NM.......................... Navajo Region..... Navajo--Education
Demolition
Project b
AZ, NM.......................... Navajo Region..... Navajo--Education
Demolition
Project c
ND, SD, MT...................... Great Plains Cheyenne Eagle
Region. butte--Replacemen
t
ND, SD, MT...................... Great Plains Great Plains--
Region. Education
Demolition
Project
Bureau-wide....... Program Support/
Project Delivery
Total, Bureau of $95,000,000
Indian Education.
------------------------------------------------------------------------
Total, Department $1,615,000,000
of the Interior.
Total, Program $171,843,000
Support/Project
Delivery, from
within amounts
specified for
each agency above.
------------------------------------------------------------------------
------------------------------------------------------------------------
Forest or
State Grassland Project or Activity
------------------------------------------------------------------------
U.S.D.A. Forest Service
------------------------------------------------------------------------
AK............................ Chugach.......... Russian River
Campground Road
Reconstruction--Phas
e 2
AK............................ Chugach.......... Eyak River Boat Ramp
Site Rehabilitation
AK............................ Chugach.......... Goose Bay Cabin
Replacement
AK............................ Chugach.......... Henney Ridge Trail
Deferred Maintenance
AK............................ Chugach.......... McKinley Lake Trail
Deferred Maintenance
AK............................ Chugach.......... Sand Trail Deferred
Maintenance
AK............................ Chugach.......... Iditarod NHT Winner
Creek Trail/Upper
Winner Creek Trail
Deferred Maintenance
AK............................ Chugach.......... Martin Lake Cabin
Reconstruction
AK............................ Chugach.......... Devil's Creek Trail
Reconstruction
AK............................ Chugach.......... Critical Deferred
Maintenance on
Glacier Ranger
District Winter
Trails
AK............................ Chugach.......... Portage Valley
Corridor Recreation
Site and
Interpretive Sign
Replacement Project
AK............................ Chugach.......... Cordova Trail
Deferred Maintenance
AK............................ Chugach.......... Lake Elsner Trail
AK............................ Chugach.......... Russian River
Campground Loops
Orientation/
Regulatory Kiosk and
Sign Replacement
AK............................ Chugach.......... Recreation Toilet
Replacement
AK............................ Pacific Northwest Potable Water System
Research Station. Replacement at
Hollis shared with
local school
AK............................ Tongass.......... Hoonah Road Surfacing
& Wukuklook
Recreation Access
Improvements
AK............................ Tongass.......... Yakutat Cabin
Maintenance
AK............................ Tongass.......... Tongass Docks and
Marine
Infrastructure
Repairs
AK............................ Tongass.......... Thayer Lake Trail
Reconstruction
(Distin Lake to
Thayer Lake)
AK............................ Tongass.......... Deferred Maintenance
Elimination on 4
high use trails
AK............................ Tongass.......... Pack Creek Trail
Reconstruction and
Thayer Lake Shelter
Repairs
AK............................ Tongass.......... Fish Creek Wildlife
Observation Site and
Titan Trail
Maintenance
AK............................ Tongass.......... Ideal Cove Trail
Reconstruction
AK............................ Tongass.......... El Cap Recreation
Area
AK............................ Tongass.......... Wrangell Island Wood
Chip Road
Stabilization,
Access to Nemo/Anita
Bay/Yunshookuh/
Highline & AOP
Improvements
AK............................ Tongass.......... Prince of Wales
Island Polk Road
Aquatic Organism
Passage
AK............................ Tongass.......... Harbor Mountain/Gavan
Hill Trail Boardwalk
Replacement
AK............................ Tongass.......... Auke Village
Campground,
Mendenhall Lake
Campground and
Trailhead Paving
AK............................ Tongass.......... Sunnahae Trail
Reconstruction
AK............................ Tongass.......... Mooring Buoy
Refurbishment
AK............................ Tongass.......... Lower Cinder Cone and
Connecting OHV
Trails Deferred
Maintenance and
Improvements
AK............................ Tongass.......... Central Prince of
Wales Road
Improvements
AK............................ Tongass.......... Shelikof Trail
Hardening
AK............................ Tongass.......... Deferred Maintenance
on Ketchikan and
Misty Fjords
District Cabins and
Sites, Phase 1
AK............................ Tongass.......... Artesian Well at
Starrigavan
Recreation Area
AK............................ Tongass.......... Mendenhall Glacier
Visitor Center
Deferred Maintenance
AK............................ Tongass.......... Mendenhall Glacier
Master Plan
Implementation-
Parking Planning
Phase
AK............................ Tongass.......... Harris River Outhouse
Replacement and
Recreation Area
Resurfacing
AK............................ Tongass.......... Dan Moller Cabin
Outhouse Replacement
AL............................ NFs in Alabama... 0801--607-0.643--Tall
aseehatchee Creek
Bridge Replacement
AL............................ Regional......... Campground, Kiosk,
Toilet and
Wastewater Day Use
Site Repairs Region
Wide
AR............................ Ozark-St Francis. Blanchard Springs
Caverns Life Safety
and Lighting Rehab
AR............................ Ozark-St Francis. Bear Creek Lake
Spillway
Rehabilitation
AR............................ Ozark-St Francis. White Rock Recreation
Area Entrance Road
AR............................ Ozark-St Francis. Cove Lake Dam
Spillway
Rehabilitation
AZ............................ Apache-Sitgreaves NFSR 24 Buffalo
Crossing Bridge
Replacement and Road
Surfacing/
Stabilization
AZ............................ Apache-Sitgreaves NFSR 105
Reconstruction and
Pavement Final Phase
AZ............................ Apache-Sitgreaves Apache Sitgreaves NF
Caldwell and Water
Canyon Historic
Cabin Restoration
and Conversion
AZ............................ Apache-Sitgreaves Sitgreaves Zone
Trails Maintenance
AZ............................ Apache-Sitgreaves Apache Zone Trails
Maintenance
AZ............................ Coconino......... Coconino NF Arizona
National Scenic
Trail Maintenance
AZ............................ Coconino......... Red Rock Ranger
District Trail
Maintenance
AZ............................ Coconino......... Coconino and Kaibab
vault toilets
replacements--31
total
AZ............................ Coconino......... Northern Arizona
Wilderness Trails
Maintenance
AZ............................ Coconino......... Coconino NF Survey
and Design for 5
Campgrounds
AZ............................ Coconino......... Cinder Hills OHV Area
Improvement Project
AZ............................ Coconino......... Coconino NF Access to
3 Heritage Sites
AZ............................ Coconino......... Coconino and Kaibab
Visitor Center
Maintenance Project
AZ............................ Coconino......... Flagstaff Trail
Initiative
Collaboration and
Mt. Elden Trail
Reconstruction
AZ............................ Coronado......... Renovate Marshall
Gulch Picnic Area
and Trailhead
AZ............................ Coronado......... Coronado National
Forest Toilet
Replacement--3
Buildings
AZ............................ Coronado......... Nogales and Sierra
Vista Ranger
District Trail
Maintenance
AZ............................ Coronado......... Renovate Sabino
Canyon Recreation
Area Pavement
AZ............................ Coronado......... Riggs Lake Accessible
Fishing Dock
AZ............................ Kaibab........... Kaibab NF Potable
Water Tank Cleaning
and Repair (4 Camp
Grounds)
AZ............................ Prescott......... Prescott NF Lynx
Recreation and Thumb
Butte Accessibility
and Trailhead
Maintenance
AZ............................ Prescott......... Prescott NF Trails
Maintenance (185
Miles on 35 Trails)
AZ............................ Rocky Mtn. Historic Fort Valley
Research Station. Headquarters Utility
Systems, Parking,
and Pathway
Replacement
AZ............................ Rocky Mtn. Southwest Forestry
Research Station. Sciences Complex
Reroofing
AZ............................ Rocky Mtn. Sierra Ancha
Research Station. Headquarters Water
System Distribution
Replacement
AZ............................ Southwestern Region 03 AZ Cabin
Region. Rental Maintenance
and Facility
Conversions (27
Cabins)
AZ............................ Tonto............ Tonto NF Improvements
to 36 Campgrounds
AZ............................ Tonto............ Tonto NF Roosevelt
Site Pavement Repair
and Preservation
CA............................ Angeles.......... Wet a Line--Provide
Accessible Fishing
Opportunities--West
Fork San Gabriel
CA............................ Cleveland........ Renovate Laguna
Campground
CA............................ Cleveland........ Renovate Boulder Oaks
Campground
CA............................ Cleveland........ Renovate El Cariso
Campground
CA............................ Cleveland........ Improve San Diego
River recreation,
public safety,
interpretive
exhibits and
information signs.
CA............................ Cleveland........ Restore Noble Canyon
National Recreation
Trail and Trailhead
work.
CA............................ Cleveland........ Renovate Corral
Canyon & Bobcat
Meadow OHV
Campgrounds
CA............................ Cleveland........ Upgrade Recreation
Facilities at
Wildomar OHV
CA............................ Cleveland........ Renovate Blue Jay
Campground
CA............................ Cleveland........ Upgrade Recreation
Facilities at
Wildomar Campground
CA............................ Eldorado......... Silver Lake East CG
Reconstruction,
Phase 2
CA............................ Eldorado......... Harvey West, Sly
Guard, Alder Ridge
and Plummer Rental
Cabin Renovations to
meet Reservation
Demands
CA............................ Eldorado......... ENG-Eldorado Forest
Wide Public Road
Safety and
Directional Sign
Replacement.
CA............................ Eldorado......... CrysBasin-Robbs Hut
and Bunker Hill
Recreation Rental
and Lookout
Renovation
CA............................ Eldorado......... Salt Springs
Trailhead Stairway
Reconstruction
CA............................ Eldorado......... Highway 50 VIS Phase
2 for public
information benefits
CA............................ Eldorado......... Wrights Lake Visitor
Parking and Capacity
Improvements
CA............................ Eldorado......... Fleming Meadow Trail
and Access
Improvements
CA............................ Eldorado......... Dru Barner Campground
Improvements
CA............................ Inyo............. Pacific Crest
National Scenic
Trail & John Muir
Trail maintenance
CA............................ Inyo............. RD04 Silver Lake Boat
Launch Replacement
CA............................ Klamath.......... Campground storm
damage repairs &
Pacific Crest Trail
deferred maintenance
CA............................ Klamath.......... Mt. Ashland and
Siskiyou Crest area
recreation site
deferred maintenance
CA............................ Klamath.......... Mt. Ashland Siskiyou
Crest area 20 Road
repaving and repairs
CA............................ Klamath.......... Tri-Forest Snowmobile
Area parking area
repairs to encourage
recreational use of
public lands
CA............................ Klamath.......... Sarah Totten and
Kangaroo CGs and day
use areas deferred
maintenance and
parking lot repaving
for greater public
access to lands
CA............................ Klamath.......... Forest-wide
interpretive signs,
trail markers and
signs
CA............................ Klamath.......... Priority Trails Area
Johnson Hunting
Ground Trail
Maintenance
CA............................ Klamath.......... Campground water
system repairs to
meet accessibility/
sanitation standards
CA............................ Lassen........... FC-Almanor CG ADA
Toilet Replacements
and Accessibility
Additions
CA............................ Lassen........... FC-High Bridge CG and
Battle Creek CG Well
Repair and
Maintenance
CA............................ Lassen........... Almanor RD OHV Trail
Brushing Maintenance
for Easier Public
Access
CA............................ Lassen........... TR-Almanor RD
District Wide Trail
Maintenance
CA............................ Lassen........... FC-Almanor RD
Campground
Maintenance
CA............................ Lassen........... TR-Trails
Maintenance--Hat
Creek Ranger
District
CA............................ Lassen........... Almanor CG
Reconstruction A&E
Survey/Design for
greater
accommodation
CA............................ Lassen........... TR-Fredonyer Butte
Trails Restoration
for Non-Motorized
Use
CA............................ Los Padres....... Rehabilitate Red Reef
Trail
CA............................ Los Padres....... Repair LaBrea and
Rattlesnake Canyon
Roads
CA............................ Los Padres....... Replace Toilets at
Bates Canyon
Campground to meet
sanitation standards
CA............................ Los Padres....... Rehabilitate
Amenities at
Campgrounds Forest
wide
CA............................ Lake Tahoe Basin Campsite spur
Management Unit. replacement at
Fallen Leaf
Campground and
William Kent
Campground to meet
Accessibility
Standards
CA............................ Mendocino........ RD-M10 patching and
Paving for Easier
Access to Rec Sites
CA............................ Mendocino........ FC-MIDDLE CREEK CG
Rock Barrier for
Anti-Erosion
Purposes
CA............................ Mendocino........ FC Hammerhorn
Accessibility
(handicapped)
Fishing/Trail
CA............................ Mendocino........ RD-M10 Stormproofing
for Safer Public Use
CA............................ Mendocino........ REC-Middle Creek CG
Accessibility
CA............................ Mendocino........ TR-Snow Mountain
Wilderness Trails
Restoration
CA............................ Modoc............ MDF-West Zone Roads
Maintenance
CA............................ Modoc............ MDF-Middle Fk Parker
Ck Bridge
replacement
CA............................ Modoc............ MDF-Forestwide Trails
Maintenance
CA............................ Modoc............ MDF-Forestwide
Campground
Maintenance
CA............................ Pacific Southwest Recreation Research:
Research Station. Renovate historical
San Dimas
Experimental Forest
through DM removal
CA............................ Plumas........... TR-Mill Creek Trail
Drainage Repairs
CA............................ Plumas........... Fern Falls Trail
Bridge Restoration
to Allow
Accessibility to
Trails
CA............................ Plumas........... Upper Golden Trout
Campground Temp
Bridge and bridge
replacement
CA............................ Plumas........... Black Mountain
Lookout & Crocker
Guard Station Rec
Rental Repairs for
Cultural Enhancement
CA............................ Plumas........... Three Lakes Toilet
Removal for public
health safety
CA............................ Plumas........... TR-Pacific Crest
Trail Rebenching for
public accessibility
CA............................ Plumas........... Buzzard Roost Ridge
Trail for public
accessibility
CA............................ Plumas........... Lake Davis Deferred
Trail Maintenance
CA............................ Regional......... R5 Pacific Crest
Trail Deferred
Maintenance
CA............................ Regional......... FC**--Multi Forest
Accessible Toilet
and Structure Repair
Upgrades to meet
quality standards
CA............................ Regional......... Southern Sierra (INF,
SNF, SQF, STF)
Campground and Day
Use Site Toilet
Replacement &
Accessibility
Upgrades
CA............................ San Bernardino... Maintenance and
Improvement of Horse
Springs CG--
Rattlesnake
Development Project
CA............................ San Bernardino... Improving and
Replacing Aged
Interpretive
Material at The Big
Bear Discovery
Center.
CA............................ Sequoia.......... RD-RD13--Giant
Sequoia National
Monument-Ten Mile
Road & Bridge
Replacement FLTPP
CA............................ Shasta-Trinity... Sisson-Callahan
Trail--Heavy
deferred maintenance
CA............................ Shasta-Trinity... Hirz Mountain Lookout
Restoration
CA............................ Shasta-Trinity... Stuart Fork Road
Resurfacing for Safe
Access to Recreation
Sites
CA............................ Shasta-Trinity... Trinity Alps
Wilderness Granite
Lake area trails
heavy deferred
maintenance
CA............................ Shasta-Trinity... Hawkins Creek Road
Slide Public Safety
Repair
CA............................ Shasta-Trinity... McCloud River
Recreation Area
Deferred Maintenance
CA............................ Shasta-Trinity... Hogback Lookout
Restoration
CA............................ Shasta-Trinity... Trinity Alps
Wilderness Lander's
Loop Trail Re-Route
CA............................ Shasta-Trinity... Shasta Lake Trail
Maintenance &
Repairs
CA............................ Shasta-Trinity... SFMU ABA/ADA
Infrastructure
Replacement
CA............................ Shasta-Trinity... Trinity Unit NRA
Water System Repair
CA............................ Shasta-Trinity... Historic Bowerman
Barn Roof
Replacement for
Cultural Experience
CA............................ Shasta-Trinity... NRA signs and kiosks
repairs &
replacements for
public information
use
CA............................ Sierra........... FC15--Kirch Flat
Campground
Rehabilitation
CA............................ Sierra........... Jerseydale Campground
Reconstruction Phase
3
CA............................ Sierra........... McKinley Grove
Recreation Trail
Maintenance and
Interpretive Center
Rehabilitation
CA............................ Six Rivers....... Rec Facilities Water
Systems Upgrades for
Safe Water Use
CA............................ Six Rivers....... FC-Forest Recreation
Sign Maintenance for
Public Clarification
Purposes
CA............................ Six Rivers....... Campground Deferred
Maintenance
CA............................ Six Rivers....... FC-Forest Wide Boat
ramp/river access
maintenance
CA............................ Six Rivers....... FC-Patrick Creek Bath
House Restoration
CA............................ Stanislaus....... HIGHLAND LAKES
CAMPGROUND Public
Recreation
Installations
CA............................ Stanislaus....... D52--Lake Alpine
Amphitheatre
Rehabilitation (D52)
to Enhance Cultural
Experiences
CA............................ Stanislaus....... Big Meadow Campground
Rehabilitation (D52)
CA............................ Stanislaus....... Sweetwater Campground
Rehabilitation (D54)
CA............................ Stanislaus....... Rainbow Pool Day Use
Area Improvements
for Recreational Use
(D54)
CA............................ Stanislaus....... Site Access
Completion--Columns
of the Giants (D53)
to meet
accessibility
standards
CA............................ Tahoe............ FC-SARDINE CAMPGROUND
IMPROVEMENTS
CA/NV......................... Humboldt-Toiyabe. Campground/Trailhead
Site Feature
Replacement
CA/NV......................... Lake Tahoe Basin Access Improvements
Management Unit. Maintenance Level 3-
5 Roads
CA/NV......................... Lake Tahoe Basin Recreation site
Management Unit. amenities
replacement
CA/NV......................... Lake Tahoe Basin Access Improvements
Management Unit. Maintenance Level 2
Roads
CO............................ Arapaho & Olive Ridge Water
Roosevelt NFs System Repair
and Pawnee
National
Grassland.
CO............................ Arapaho & Hessie Cabin
Roosevelt NFs Rehabilitation
and Pawnee
National
Grassland.
CO............................ Arapaho & Shadow Mountain
Roosevelt NFs Village
and Pawnee Rehabilitation
National
Grassland.
CO............................ Arapaho & Mizpah CG Rehab and
Roosevelt NFs AOP Installation
and Pawnee
National
Grassland.
CO............................ Arapaho & Road Maintenance
Roosevelt NFs Supporting Schedule
and Pawnee A Agreements
National
Grassland.
CO............................ Arapaho & Recreation Site
Roosevelt NFs Deferred Maintenance
and Pawnee
National
Grassland.
CO............................ Arapaho & Crow Valley Water
Roosevelt NFs System Repair
and Pawnee
National
Grassland.
CO............................ Grand Mesa Kendall Reservoir Dam
Uncompahgre and Reconstruction
Gunnison NFs.
CO............................ Grand Mesa Toilet Replacement-
Uncompahgre and Woods Lake
Gunnison NFs.
CO............................ Grand Mesa Bear Creek NRT
Uncompahgre and Reconstruction Creek
Gunnison NFs.
CO............................ Grand Mesa Campground
Uncompahgre and Reconstruction-Lake
Gunnison NFs. Irwin
CO............................ Grand Mesa Campground
Uncompahgre and Reconstruction-
Gunnison NFs. Little Bear
CO............................ Grand Mesa Toilet Replacement-
Uncompahgre and Gunnison
Gunnison NFs.
CO............................ Grand Mesa Campground
Uncompahgre and Reconstruction-Deer
Gunnison NFs. Lakes
CO............................ Grand Mesa NFSR 701 Road
Uncompahgre and Rehabilitation and
Gunnison NFs. Drainage Repairs
CO............................ Grand Mesa GMUG-Non-Motorized
Uncompahgre and Trail Restoration
Gunnison NFs.
CO............................ Grand Mesa Replace Damaged or
Uncompahgre and Missing Kiosks at 35
Gunnison NFs. Recreation Sites
CO............................ Grand Mesa OUR-Wetterhorn Basin
Uncompahgre and Trail Reconstruction
Gunnison NFs.
CO............................ Grand Mesa Crag Crest NRT
Uncompahgre and Reconstruction
Gunnison NFs.
CO............................ Grand Mesa Ward Lake & Cobbett
Uncompahgre and CGs Water Line
Gunnison NFs. Replacement
CO............................ Grand Mesa Alpine Plateau Road
Uncompahgre and Reconstruction
Gunnison NFs.
CO............................ Grand Mesa Toilet Replacement-
Uncompahgre and Sunshine-Ouray
Gunnison NFs.
CO............................ Grand Mesa One Mile CG Water
Uncompahgre and System Replacement
Gunnison NFs.
CO............................ Grand Mesa Toilet Replacement-
Uncompahgre and Grand Mesa-Erickson
Gunnison NFs.
CO............................ Medicine Bow- Dry Lake Campground &
Routt NFs & Trailhead
Thunder Basin Rehabilitation
National
Grassland.
CO............................ Medicine Bow- Fish Cr. Falls Trail
Routt NFs & Rehab--Survey &
Thunder Basin Design
National
Grassland.
CO............................ Pike and San Turquoise Lake GUNDI
Isabel NFs and Treatment Changes
Cimarron and
Comanche
National
Grasslands.
CO............................ Pike and San Buffalo CG Water
Isabel NFs and System Repair
Cimarron and
Comanche
National
Grasslands.
CO............................ Pike and San Devils Head Toilet
Isabel NFs and Replacement
Cimarron and
Comanche
National
Grasslands.
CO............................ Pike and San MFC Water Treatment
Isabel NFs and Building and
Cimarron and Treatment
Comanche Renovations
National
Grasslands.
CO............................ Pike and San Comanche Carrizo Work
Isabel NFs and Center Septics &
Cimarron and Rehab
Comanche
National
Grasslands.
CO............................ Pike and San Leadville RD: NFSR
Isabel NFs and 110 Halfmoon Road--
Cimarron and Widening
Comanche
National
Grasslands.
CO............................ Pike and San Leadville RD:
Isabel NFs and Resurfacing
Cimarron and Trailheads
Comanche
National
Grasslands.
CO............................ Pike and San Lake Isabel Dam
Isabel NFs and Repairs
Cimarron and
Comanche
National
Grasslands.
CO............................ Rio Grande....... Stunner Bridge
Replacement
CO............................ Rio Grande....... Alamosa Guard Station
Cabin Rental Repairs
CO............................ Rio Grande....... Mix Lake CG Upgrades
CO............................ Rocky Mtn. Fraser Water Quality
Research Station. Research Weir
Rehabilitation
CO............................ Rocky Mtn. Manitou Experimental
Research Station. Forest Reroofing of
Historic Buildings
CO............................ San Juan......... Piedra Road
Resurfacing
CO............................ San Juan......... Dutch Creek Trail
Bridge Design/Build
CO............................ San Juan......... East Fork Road
Resurfacing
CO............................ San Juan......... Highline Loop
National Rec Trail
Repair
CO............................ San Juan......... Columbine Toilet
Replacement
CO............................ San Juan......... Dolores Toilet
Replacement
CO............................ San Juan......... Bolam Pass Road
Maintenance and
Reconstruction
CO............................ San Juan......... Mavreeso CG Water
System Replacement
CO............................ White River...... Peak One Pine Cove
Campground
Modernization Design
CO............................ White River...... Trail and Trailhead
Maintenance
CO............................ White River...... Trail and Trailhead
Maintenance with
Friends Groups
CO............................ White River...... Difficult Camp Ground
Road Project
CO............................ White River...... Forest-Wide
Accessible Restroom
Replacement
CO............................ White River...... Forest-Wide
Campground Feature
Replacement
CO............................ White River...... Trail Bridge
Replacement
CO/KS......................... Pike and San PSICC Replace Old
Isabel NFs and Vault Toilets and
Cimarron and Install New Vault
Comanche Toilets
National
Grasslands.
CO/KS......................... Pike and San PSICC Replace Old
Isabel NFs and Vault Toilets and
Cimarron and Install New Vault
Comanche Toilets
National
Grasslands.
CO/WY......................... Medicine Bow- Forest Wide Vault
Routt NFs & Toilet Replacement
Thunder Basin
National
Grassland.
CO/WY......................... Medicine Bow- Campground Rehab--
Routt NFs & Planning, Survey &
Thunder Basin Design
National
Grassland.
CO/WY......................... Medicine Bow- Deferred Trail
Routt NFs & Maintenance on
Thunder Basin Continental Divide
National National Scenic
Grassland. Trail
CO/WY......................... Medicine Bow- Sign Replacement--15
Routt NFs & Developed Recreation
Thunder Basin Sites
National
Grassland.
FL............................ NFs in Florida... 0805_120-2.095 Black
Creek Bridge Repair
FL............................ NFs in Florida... 0805_100-1.7 Black
Creek Bridge
Replacement
GA............................ Chatt-Oconee..... 0803_70-1.2868
Talullah River
Bridge #3
Replacement
GA............................ Chatt-Oconee..... Lake Winfield Scott
Campground
Reconstruction
ID............................ Boise............ Buck Mountain,
Troutdale, & Penny
Springs Campgrounds
Toilet Replacements
ID............................ Boise............ Edna Creek Campground
Improvements
ID............................ Boise............ East Fork Burnt Log
Creek Priority
Deficient Bridge
Repair
ID............................ Boise............ Idaho City Compound
Water System
Reconstruction
ID............................ Boise............ Third Fork Project
Camp and Recreation
Rental Water System
Reconstruction
ID............................ Boise............ Scriver Creek
Priority Deficient
Bridge Repair
ID............................ Boise............ Yellow Jacket, Ten
Mile Ridge, and
Silver Creek Summit
Deferred Trail
Maintenance
ID............................ Payette.......... South Fork Salmon
River Trail #076/077
Deferred Maintenance
Project
ID............................ Payette.......... Last Chance and
Hazard Lake
Campground Deferred
Maintenance
ID............................ Payette.......... Burgdorf Guard
Station DM
ID............................ Payette.......... Jenkins Crossing
(Trail Bridge)
Replacement
ID............................ Payette.......... Council and Weiser
Bridge Repairs
ID............................ Payette.......... Huckleberry
Campground Water
System Replacement
ID............................ Payette.......... French Creek, Bear
Pete Ridge Reroutes
ID............................ Payette.......... Krassel Developed and
Dispersed Site
Deferred Maintenance
Project
ID............................ Payette.......... Little Weiser Trail
Rehabilitation
ID............................ Salmon-Challis... SCNF Dagger Creek
Bridge on FSR 40568
Replacement
ID............................ Salmon-Challis... SCNF Boundary-Dagger
Road--Stanley-
Landmark
ID............................ Salmon-Challis... Central Idaho
Wilderness Complex
Priority Area Trails
Maintenance (Three
Forests)
ID............................ Salmon-Challis... Salmon River Road
Corridor Recreation
Site Maintenance
ID............................ Salmon-Challis... SCNF Silver Creek
road (FSR 60108)
Heavy DM
ID............................ Salmon-Challis... Salmon-Challis,
Central Idaho
Wilderness Complex
Trails Priority
Area--Trail
Maintenance
ID............................ Salmon-Challis... Salmon-Challis
National Forest
Developed Recreation
Site Maintenance on
SNRA Satellite Sites
ID............................ Sawtooth......... Willow Creek Priority
Deficient Bridge
Repair
ID............................ Sawtooth......... Redfish Lake Bridge
#2 Replacement
ID............................ Sawtooth......... Sawtooth NRA
Developed Recreation
Site Maintenance
ID............................ Sawtooth......... Warm Springs #6
Priority Deficient
Bridge Repair
ID............................ Sawtooth......... Sawtooth NRA Restroom
Painting and
Maintenance
ID............................ Sawtooth......... Sawtooth NRA Toilet
Replacement
ID............................ Sawtooth......... Sawtooth NRA Alice-
Toxaway Trail
Puncheons
Replacements
ID............................ Sawtooth......... Little Wood River
Area Trails Deferred
Maintenance
ID............................ Sawtooth......... Bald Mountain Lookout
Deferred Maintenance
Project
ID............................ Sawtooth......... Sawtooth NRA Roofing
Deferred Maintenance
Project
ID............................ Caribou-Targhee.. Scout Mountain
Campground Water
System Replacement
(East Mink Creek
Corridor
Revitalization
Project)
ID............................ Caribou-Targhee.. Scout Mt. Road Chip
Seal (East Mink
Creek Corridor
Revitalization
Project)
ID............................ Caribou-Targhee.. Cherry Springs
Natural Area Repair
(East Mink Creek
Corridor
Revitalization
Project)
ID............................ Caribou-Targhee.. Scout Mountain Camp
Ground Vaults and
Tables Replacements
(East Mink Creek
Corridor
Revitalization
Project)
ID............................ Caribou-Targhee.. East Mink, Kinney
Creek, Lead Draw
Trail/Trailhead
Repair--(East Mink
Creek Corridor
Revitalization
Project)
ID............................ Idaho Panhandle.. Kit Price Campground
Renovation: Shoshone
County
ID............................ Idaho Panhandle.. North Zone Trails--
Bonners Ferry Trail
Reconstruction
ID............................ Idaho Panhandle.. Shadowy St. Joe and
Tin Can Campground
Deferred
Maintenance:
Shoshone County
ID............................ Idaho Panhandle.. Route of the Hiawatha
Rail Trail
Resurfacing Project:
Shoshone County
ID............................ Idaho Panhandle.. South Zone Deferred
Trail Maintenance--
Mallard Larkins &
Upper St Joe River
ID............................ Idaho Panhandle.. Bonners Ferry Ranger
District Toilet
Replacement Phase 1.
North Idaho
ID............................ Idaho Panhandle.. Priest Lake (lake
based) Priority Area
Deferred Maintenance
Reduction: Northern
Idaho
ID............................ Idaho Panhandle.. Historic Route of the
Hiawatha Rails-to-
Trails Tunnels
Improvements
ID............................ Idaho Panhandle.. Priest Lake Toilet
and Information
Center Deferred
Maintenance
Reduction. 10
toilets. Northern
Idaho
ID............................ Idaho Panhandle.. Eight Toilet
Replacement at
Recreation sites
near Coeur d'Alene
ID............................ Idaho Panhandle.. Whiskey Rock and
Green Bay Campground
Improvements. Bonner
County
ID............................ Nez Perce-- Repair 3 Historic
Clearwater. Routes and
associated
Recreation Sites:
Idaho & Clearwater
Counties
ID............................ Nez Perce-- Trailhead and Road
Clearwater. Access Repairs and
Updates: Clearwater
& Idaho Counties
ID............................ Nez Perce-- Salmon River & Red
Clearwater. River Campgrounds
Deferred Maintenance
Reduction: Idaho
County
ID............................ Nez Perce-- Lolo Pass Visitor
Clearwater. Center & Trail
Maintenance: Idaho
County
ID............................ Nez Perce-- Trail Stewardship Act
Clearwater. Priority Area--
Central Idaho
Complex DM Reduction
Project
ID............................ Nez Perce-- Water/Waste Water
Clearwater. System Maintenance:
Idaho, Clearwater &
Latah County
ID............................ Nez Perce-- Toilet Repair and
Clearwater. Replacement: Idaho,
Clearwater & Latah
County
ID............................ Nez Perce-- NPC CZ Moose Creek
Clearwater. Wilderness Work
Center DM
ID............................ Nez Perce-- Lochsa Historic
Clearwater. Ranger Station
Deferred Maintenance
Reduction: Idaho
County
ID............................ Nez Perce-- Realigning parking
Clearwater. and repair boating
facilities at six
sites: Lochsa River
and Salmon River
ID............................ Rocky Mtn. Priest River
Research Station. Headquarters Water
System Replacement
IL............................ Midewin.......... Blodgett Road Bridge
Replacement (Bridge
28)
IL............................ Shawnee.......... Lake Glendale Phased
Rehabilitation
Project
IN............................ Hoosier.......... Campground Rd Paving
for Five Tipsaw
Campgrounds
IN............................ Hoosier.......... Repair Concrete Boat
Launches (Indian,
Celina, Tipsaw,
Springs Valley, and
Saddle Lakes)
IN............................ Hoosier.......... German Ridge Trails 3
and 4 Heavy
Maintenance
KY............................ Daniel Boone..... London District
Administrative Site
Reconstruction
KY............................ Daniel Boone..... Cave Run Lake
Pavement Resurface
KY............................ Daniel Boone..... 0802--4-3.6--Hughes
Fork Culvert
Replacement
ME............................ White Mt......... Deer Hill Road
Reconstruction to
Main R9 Connection
in Maine
MI............................ Hiawatha......... Hiawatha Historic
Lighthouses:
Stabilization and
Rehabilitation with
Partner Support
MI............................ Hiawatha......... FR 3458-1.4, Carp
River and FR 2251-
6.2, North Branch
Stutts Creek Bridge
Replacements for
Timber Sales and
Recreation Access
MI............................ Hiawatha......... FR 2258-1.8, Indian
River Bridge
Replacement
MI............................ Hiawatha......... Fishdam River Bridge
on FR 2222
Replacement
MI............................ Huron-Manistee... Trail Bridge
Replacement Project--
North Country
National Scenic
Trail & Manistee
River Trail
MI............................ Huron-Manistee... Wild & Scenic River
Access & Parking Lot
Improvements
MI............................ Ottawa........... FR 3925
Rehabilitation for
access to Tribal
Areas, Trails and
Timber Sales
MI............................ Ottawa........... S.Br.Paint River
Bridge 3470.5.223
Replacement for
Timber Access and
Recreation
MI............................ Ottawa........... FR 1360
Rehabilitation for
Environmental
Improvements for
Aquatic Organism
Passage
MI............................ Ottawa........... FR 3210
Rehabilitation for
Timber Sales,
Aquatic Organism
Passage Improvements
and Recreation
Access
MI............................ Ottawa........... FR 3980 Rehab Phase
II
MI............................ Ottawa........... Historic Camp Nesbit
Window Replacement
MI............................ Ottawa........... Black River Harbor
Campground Trail
Culvert Removal and
Trail Bridge
Installation
MI............................ Ottawa........... Ottawa Trail Complex
Rehab Group 1,
Including North
Country National
Scenic Trail
MI............................ Ottawa........... Ottawa Visitor Center
HVAC Controls
Replacement
MN............................ Chippewa......... Stony Point
Campground Road
Pavement
Preservation
MN............................ Superior......... Multiple Superior
Trails Deferred
Maintenance and
Rehabilitation
MN............................ Superior......... S. Kawishiwi Pavilion
Structural Repair
and Restoration
MN............................ Superior......... Superior Campgrounds
Amenity Repairs and
Upgrades
MN............................ Superior......... FR166 Cross River
Bridge Repair
MO............................ Mark Twain....... Ozark National
Recreation Trail
Deferred Maintenance
Project with Ozark
Trail Association
MO............................ Mark Twain....... Council Bluff
Recreation Area--
Wild Boar Hollow
Boat Dock
Replacement
MO............................ Mark Twain....... Eleven Point National
Scenic River--
Riverton West
Retaining Wall
MO............................ Mark Twain....... Crane Lake Dam
Rehabilitation and
FR 2113 improvement
project
MO............................ Mark Twain....... Lane Spring
Electrical Upgrade &
Hydrant Replacement
MO............................ Mark Twain....... Camp Site Amenity
Upgrades with Job
Corps
MO............................ Mark Twain....... Recreation and
Administrative Sign
Replacement
MO............................ Mark Twain....... Big Piney River East
Gate Boat Launch
Improvement
MO............................ Mark Twain....... R9 Red Bluff
Campground
Rehabilitation
Additional Funding
(completion of Phase
1)
MO............................ Mark Twain....... Cobb Ridge & Paddy
Creek Fence
Replacement
MO............................ Mark Twain....... Markham Springs
Shower House
Replacement
MT............................ Aerial Fire Depot Missoula Smokejumper
Visitor Center
Renovation: Missoula
County
MT............................ Beaverhead- Recondition 500 Miles
Deerlodge. of Road in the
Mountains of
Southwest Montana
across 6 counties
MT............................ Beaverhead- East Fork #672,
Deerlodge. Highland #84, and
Centennial Divide
#100 Road
Reconditioning &
Aggregate Surfacing
MT............................ Beaverhead- Motorized and Non-
Deerlodge. motorized Trail DM
Reduction Project:
Southwest Montana
across 6 counties
MT............................ Beaverhead- Delmoe Lake Road
Deerlodge. Resurfacing and
Campground/Day Use
Updates: Jefferson
County
MT............................ Beaverhead- Beaverhead Deerlodge
Deerlodge. NF Recreation and
Road Signs Deferred
Maintenance
Reduction. Southwest
Montana
MT............................ Bitterroot....... Motorized & Non-
motorized Trail
Reconditioning &
Drainage Repair:
Ravalli County
MT............................ Bitterroot....... Gird Point Road #714
Aggregate Surface In-
place Processing &
Drainage Repair:
Lookout Rental,
Ravalli County
MT............................ Bitterroot....... Eastside Bitterroot
and Selway River
Basin Wilderness
Trail Maintenance:
Ravalli, County
MT............................ Bitterroot....... Developed Recreation
Campground
Maintenance &
Accessibility
Improvements:
Ravalli County
MT............................ Bitterroot....... St Mary's Road #739
Aggregate Surface In-
Place Processing:
Lookout and
Trailhead, Ravalli
County
MT............................ Bitterroot....... Recreation Site
Access Deferred
Roadside Brushing:
Bitterroot Valley,
Ravalli County
MT............................ Custer Gallatin.. Yellowstone Shortline
(Rail) Trail
Partnership
MT............................ Custer Gallatin.. Custer--Gallatin NF
West Zone Motorized
Trail DM Reduction
Project
MT............................ Custer Gallatin.. 30 Miles Pavement
Preservation &
Replacement: West
Yellowstone,
Gallatin River,
Beartooth Mountains,
and Ashland
MT............................ Custer Gallatin.. Main Fork Rock Creek
#2421, Trailhead &
Campground (M-K &
Greenough Lake)
repairs, upgrades,
surfacing: Beartooth
Highway
MT............................ Custer Gallatin.. Big Creek, Window
Rock & Basin Station
Rental Cabin
Repairs: Paradise
Valley, Hyalite
Canyon, and West
Yellowstone
MT............................ Custer Gallatin.. Madison Arm Road #291
Aggregate Surfacing:
Hebgen Lake,
Gallatin County
MT............................ Custer Gallatin.. Black's Pond Access
Roads #4131 & #4021
Reconstruction &
Site Repairs: Powder
River County
MT............................ Custer Gallatin.. Jackson Creek Road
#977 and Trailhead
Reconditioning and
Aggregate Surfacing:
Gallatin and Park
Counties
MT............................ Custer Gallatin.. Absaroka Beartooth
Wilderness Trail
System Deferred
Maintenance Bundle
MT............................ Custer Gallatin.. Trail Bridge
Replacement--Central
Zone Bundle
MT............................ Flathead......... Meadow Creek Road
#2826 Surfacing &
Slope Stabilization:
Bob Marshall
Wilderness & South
Fork of the Flathead
Access
MT............................ Flathead......... Rental Cabin Deferred
Maintenance
Reduction: Flathead
County, MT
MT............................ Flathead......... Flathead National
Forest Trail DM
Reduction Project
(outside of the BOB
PA)
MT............................ Flathead......... Bob Marshall
Wilderness Access
Improvement: Spotted
Bear River Road
MT............................ Flathead......... Summit Nature Center
Interpretive Display
Upgrade and
Replacement.
Whitefish, MT
MT............................ Flathead......... Forest-wide Water and
Wastewater System
Deferred Maintenance
MT............................ Flathead......... Flathead National
Forest Backcountry
Airstrip Hazard
Mitigation and DM
work (Spotted Bear)
MT............................ Flathead......... Flathead Wild and
Scenic River Access
Site Deferred
Maintenance
MT............................ Helena--Lewis & Bob Marshall
Clark. Wilderness Complex
and Adjacent Lands
Priority Area Trail
Maintenance
MT............................ Helena--Lewis & Lewis and Clark
Clark. Interpretive Center
Maintenance: Great
Falls, MT, Cascade
County
MT............................ Helena--Lewis & Forest-wide
Clark. Campground &
Trailhead Deferred
Maintenance &
Improvements
MT............................ Kootenai......... Ross Creek Ancient
Cedar Grove
Protection, Trail
Accessibility, and
Parking Improvement
Project
MT............................ Kootenai......... Boat Launches and
Dock Replacements:
Lincoln County
MT............................ Kootenai......... Rexford Bench
Recreation Complex
Water/Waste Water
Reconstruction &
Deferred Maintenance
Reduction. Lincoln
County
MT............................ Kootenai......... Recreation Sites
Campfire Ring
Replacement.
Northwest Montana
MT............................ Kootenai......... Kootenai Access
Improvement & Trails
Deferred Maintenance
MT............................ Kootenai......... Kootenai National
Forest Recreation
Site Picnic Tables
and Bench
Replacement.
Northwest Montana
MT............................ Kootenai......... Recreation Site
Toilet Replacement
and Repair: Lincoln
& Sanders County
MT............................ Kootenai......... Recreation Sites,
Cabins, Lookouts
Deferred Maintenance
Reduction. Northwest
Montana
MT............................ Kootenai......... Campground
Reconstruction:
Lincoln & Sanders
County
MT............................ Lolo............. Little Joe Road #282
Resurfacing,
Drainage and Safety
Repair: Mineral
County
MT............................ Lolo............. Thompson River Road
#56 Resurface and
Drainage Repairs:
Sanders County
MT............................ Lolo............. Route of the Olympian
Rails to Trails
Maintenance: Mineral
County
MT............................ Lolo............. Cedar Creek Road #320
Resurface and
drainage repairs:
Mineral County
MT............................ Lolo............. ACM Road #9991
Resurface and
drainage repairs:
Sanders County
MT............................ Lolo............. Fish Creek Road #343
Resurfacing and
drainage repairs:
Mineral County
MT............................ Lolo............. Historic Savenac
Recreation Rental
Facility
Maintenance: Mineral
County
MT............................ Lolo............. Seeley Lake
Recreation Area
Campgrounds & Day
Use Sites
Maintenance &
Repairs: Missoula
County
MT............................ Lolo............. Rock Creek Recreation
Sites Water System
Repairs and SST
Replacements:
Granite County
MT............................ Lolo............. Urban Interface
Campground and
Trailhead Updates:
Blue Mountain &
Pattee Canyon, City
of Missoula
MT............................ Lolo............. Lolo NF Forest-wide
Picnic Bench
Replacement
MT............................ Lolo............. Historic Double Arrow
Lookout Rental
Repairs: Seeley Lake
Ranger District,
Missoula County
NC............................ NFs in North Davidson River
Carolina. Campground and
Pisgah Sewer
Reconstruction
NC............................ NFs in North Catawba Falls Trail &
Carolina. Trailhead
Rehabilitation
ND............................ Dakota Prairie Road #1201
Grassland. Reconditioning and
Resurfacing:
National Grasslands,
Richland County
ND............................ Dakota Prairie Recondition, Spot
Grassland. Surface, and
drainage repairs on
7 Roads (2-3 roads/
year): 3 counties
ND............................ Dakota Prairie CCC Campground
Grassland. Updates near Maah-
Daah-Hey Trail,
Theodore National
Park and Bakken Oil
Formation
ND............................ Dakota Prairie Buffalo Gap
Grassland. Campground
Maintenance and
Improve Sanitation:
Billings County, ND
NE............................ Nebraska......... Nebraska Master
Challenge Cost-Share
Agreement
NE............................ Nebraska......... Circle Road (FSR 203)
Surfacing
Replacement
NH............................ White Mt......... WMNF/NH Snowmobile
Corridor 19 Trail
Bridge Replacement
Deferred Maintenance
NH............................ White Mt......... White Mountain Trail
Collective: Mount
Washington Valley/
Chocorua Trails
Deferred Maintenance
NH............................ White Mt......... Sawyer River 2 Bridge
Replacement
NM............................ Carson........... Carson NF Repair 3
Bridges
NM............................ Cibola........... Sandia Crest
Recreation Complex
Design and
Construction
NM............................ Gila............. Gila NF Recreation
Fee Site Maintenance
For 36 Sites
NM............................ Gila............. Gila NF NFSR 141
Repavement
NM............................ Gila............. Gila Wilderness Trail
Access Improvement
NM............................ Lincoln.......... Lincoln NF South Fork
Bridge and
Campground Erosion
Control
NM............................ Santa Fe......... Santa Fe NF Trail and
Recreation Site
Archaeological
Survey (550 Miles +
Rec Sites)
NM............................ Santa Fe......... Santa Fe NF Developed
Recreation Sites
Improvements
NM............................ Santa Fe......... Santa Fe NF Tesuque
Peak/Cerro Pelado
Hub Facility
Improvements
NV............................ Humboldt-Toiyabe. MT. Rose and Tahoe
Meadows Restroom
Reconstruction
NV............................ Humboldt-Toiyabe. HT Wilderness Trails
Maintenance
NV............................ Humboldt-Toiyabe. Galena Visitor Center
Deferred Maintenance
NV............................ Humboldt-Toiyabe. Lamoille Canyon Road
Pavement
Preservation--Phase
2
NV............................ Humboldt-Toiyabe. Spring Mountains
Visitor Gateway
Center Deferred
Maintenance
NV............................ Lake Tahoe Basin Reconstruct the
Management Unit. Tyrolian Downhill
Trail
OH............................ Wayne............ Lake Vesuvius
Recreation Area
Waterline
Replacement
OR............................ Columbia River Historic Multnomah
Gorge National Falls Lodge,
Scenic Area. Critical
Accessibility,
Utility, and
Security System
Upgrades
OR............................ Deschutes........ Newberry Volcanic
National Monument--
Lava Lands Visitor
Center--Rehabilitati
on 2 Parking Lots
OR............................ Deschutes........ Newberry Volcanic
National Monument
Lava River Cave
entrance and parking
safety concerns
OR............................ Fremont-Winema... Digit Point
Campground Restroom/
Water System/Trail
Bridge Repairs
OR............................ Mt. Hood......... Trillium Lake
Treasured Landscape
Accessible
Replacement
OR............................ Mt. Hood......... Historic Timberline
Lodge, Critical
Boiler System
Upgrades
OR............................ Ochoco........... Recreation and Timber
High Use--9.6 Miles
Pavement
Rehabilitation
OR............................ Pacific Northwest Corvallis Lab ABA
Research Station. Restroom Renovations
OR............................ Rogue River- Bear Camp Road--Road
Siskiyou. Stability Repairs
and Chip Seal 24.4
Miles
OR............................ Siuslaw.......... Sutton Campground
Holman Vista Water
System & Facility
Upgrades
OR............................ Siuslaw.......... Oregon Dunes National
Recreation Area
Recreation Site Road
Repairs
OR............................ Umatilla......... Burnt Cabin Trail
Bridge Replacement
OR............................ Umatilla......... Blue Mountain Scenic
Byway Chip Seal
(63.6 miles)
OR............................ Umpqua........... Rogue-Umpqua Scenic
Byway--Diamond Lake
Composite Facilities
User Experience
Enhancement--High
Priority Items
OR............................ Umpqua........... Rogue-Umpqua Scenic
Byway--Diamond Lake
Composite--Dellenbac
k Trail Deferred
Maintenance
OR............................ Willamette....... Road 2117 one culvert
for safe, resilient
access and ESA fish
passage
OR............................ Willamette....... Aufderheide West
Cascade National
Scenic Byway road
repair and ESA fish
passage
OR............................ Willamette....... Historic Santiam Pass
Ski Lodge
Restoration,
Willamette National
Forest
OR/ID......................... Wallowa-Whitman.. Hells Canyon NRA/
Eagle Cap Wilderness
Trails and Trail
Bridges Deferred
maintenance
OR/WA......................... Gifford Pinchot, Reconstruction of 3
Malheur. culverts for safe
recreation access
and enhanced fish
passage.
OR/WA......................... Region-wide...... Deferred Maintenance
on 1500 miles of
priority trails
across Region
OR/WA......................... Region-wide...... Regional Trail Bridge
Replacement and
deferred maintenance
(40 bridges 10 FS
units)
OR/WA......................... Region-wide...... Replacement of
Restrooms serving
recreation visitors
across multiple
National Forests
OR/WA......................... Region-wide...... Deferred Maintenance
of high priority
recreation sites
across Region.
PA............................ Allegheny........ Kiasutha Recreation
Area Improvements &
Redevelopment
PA............................ Allegheny........ Longhouse Scenic
Drive & Jakes Rock
Roads Road and
Culvert Repair
PA............................ Allegheny........ North Branch Sugar
Run Bridge
Replacement FR 137-
4.3 Critical
Findings
PA............................ Allegheny........ Morrison and Minister
Creek Trail Systems
Deferred Maintenance
PA............................ GT............... Building Replace
Temporary Structure,
Grey Towers
PR............................ El Yunque........ El Portal Bridge
Replacement and
Visitor Improvements
PR............................ El Yunque........ Big Tree/La Mina
Trail Reconstruction
R9 Multi...................... Multi............ Toilet Improvement at
Seven R9 National
Forests
SC............................ Francis Marion 0812_202-3.1 Cooter
and Sumter NFs. Creek Bridge
Replacement
SC............................ Francis Marion 0812_251H-3.4&3.6
and Sumter NFs. Nicholson Creek
Bridges Replacement
SC............................ Francis Marion Buckhall Recreation
and Sumter NFs. Area Reconstruction
SD............................ Black Hills...... Reconstruct Lakota
Lake Rd, Parking &
Gate Repairs
SD............................ Black Hills...... Southern Hills Road
Access Deferred
Maintenance
SD............................ Black Hills...... Bismarck Lake
Boardwalk/Fishing
Pier Reconstruct
SD............................ Black Hills...... Hell Canyon Log Cabin
+Tepee House
Exterior Restoration
SD............................ Custer Gallatin.. Sioux District Access
and Campground
Deferred Maintenance
Bundle
SD............................ Dakota Prairie Recondition, Spot
Grassland. Surface, & drainage
repairs on 47 Roads
(15-16 roads/year):
National Grasslands,
Perkins & Coron
Counties
SD............................ Dakota Prairie Road #5733
Grassland. Recondition and
drainage repairs:
National Grasslands,
Perkins County
SD............................ Dakota Prairie Blacktail Trail
Grassland. Deferred Maintenance
SD/NE......................... Nebraska......... Aggregate Placement
and Grading on
District Roads
TN............................ Cherokee......... Tellico Corridor and
Road Improvements
TN............................ Cherokee......... Ocoee River Corridor
Facilities and
Access Improvements
TX............................ NFs in Texas..... Double Lake
Recreation Area
Rehabilitation
TX............................ NFs in Texas..... 0813 Boykin Springs
Rec. Area Parking
Lot/Access Road
Repair/Overlay
UT............................ Ashley........... Duchesne Roads Chip
Seal
UT............................ Ashley........... Little Hole National
Rec Trail--Phase 1
UT............................ Ashley........... Lucerne Campground
Group Site
Reconstruction
UT............................ Ashley........... Red Canyon Visitor
Center Safety Fence
Replacement
UT............................ Ashley........... Ashley NF Waste Water
and Water System
Deferred Maintenance
UT............................ Ashley........... South Fork Rock Creek
Bridge Replacement
UT............................ Ashley........... Hells Canyon Bridge
Replacement
UT............................ Ashley........... Leidy Peak Road
Culvert Replacements
UT............................ Ashley........... Palisades, Sheep
Creek Bay, Moose
Ponds, Avintaquin
CG, Ironmine CG, and
Upper Stillwater
Boat Ramp Toilet
Replacements
UT............................ Ashley........... Antelope Waterline
Replacement
UT............................ Ashley........... Manila house
Conversion to
seasonal rec housing
UT............................ Ashley........... Uinta Highline Trail
Heavy Maintenance
(Conservation Corp)
UT............................ Dixie............ Red Canyon Bike Trail
UT............................ Dixie............ Yankee Meadow CG
Reconstruction
UT............................ Fishlake......... Fish Lake Basin
Recreation Area
Deferred Maintenance
Reduction--Phase 1
(P&D)
UT............................ Fishlake......... Fishlake Trails &
Dispersed Recreation
UT............................ Fishlake......... Kents Lake Road
Corridor DM
reduction
UT............................ Manti-Lasal...... Forest Wide Picnic
Table Replacement
UT............................ Manti-Lasal...... Forest Road and Trail
Signage--Phase 1
UT............................ Manti-Lasal...... Maple Canyon Road and
Campground
Reconstruction
UT............................ Manti-Lasal...... Gooseberry Guard
Station Renovation
UT............................ Manti-Lasal...... Devils Canyon
Campground Mnt--Chip
Seal Road and
Interpretive Trail
UT............................ Uinta-Wasatch- Silver Lake Boardwalk
Cache. Replacement
UT............................ Uinta-Wasatch- Cottonwood Canyons
Cache. Developed Site
Reconstruction--Phas
e 3
UT............................ Uinta-Wasatch- Causey Parking, Boat
Cache. Ramp, & Restroom
Restoration
UT............................ Uinta-Wasatch- Crystal Lake
Cache. Trailhead & Access
Reconstruction
UT............................ Uinta-Wasatch- Pineview Reservoir
Cache. Recreation Complex
Reconstruction--Phas
e 2 (P&D)
UT............................ Uinta-Wasatch- Historic Guinavah-
Cache. Malibu CCC
Campground &
Amphitheater
Reconstruction
VA............................ George Washington Bolar Mountain
& Jefferson NFs. Wastewater System
Replacement
VA............................ George Washington Lower Sherando Dam
& Jefferson NFs. Spillway Upgrade
VT............................ Green Mountain & Appalachian National
Finger Lakes NFs. Scenic Trail and
Long Trail Shelter
and Privy
Improvements
VT............................ Green Mountain & Green Mountain Trail
Finger Lakes NFs. Bridge Replacements
VT/NY......................... Green Mountain & Forest-wide Developed
Finger Lakes NFs. Recreation Site
Deferred Maintenance
Reduction
WA............................ Colville......... South Fork Boulder
Creek Road/Trail
Project for NST,
Timber, Restoration
Access
WA............................ Gifford Pinchot.. High Priority Safety/
Rec Access
Improvements--sub
grade road repair on
21.5 Miles
WA............................ Gifford Pinchot.. Critical Upgrades to
Johnston Ridge
Observatory, Mount
Saint Helens
National Volcanic
Monument
WA............................ Mt. Baker- Mountain Loop Highway
Snoqualmie. Corridor
Enhancement:
Bridges, Picnic
Sites, Trailheads,
Trails
WA............................ Okanogan- Steven's Pass
Wenatchee. National Historic
Byway-Icicle River
Recreation Corridor
Improvements
WA............................ Okanogan- Mountains to Sound
Wenatchee Mt. Greenway-Heritage
Baker-Snoqualmie. Area Multi Asset
Recreation
Investment Corridor
WI............................ Chequamegon- Lost Lake Developed
Nicolet. Recreation Site
Structural Repairs
WI............................ Chequamegon- FR 144-5.3 Bridge
Nicolet. Replacement for
Timber and
Recreation Access
WI............................ Chequamegon- Rehabilitation of
Nicolet. Bridge 187-01.8 for
Improve Access to
Morgan Falls Trails
and Timber Sales
WI............................ Chequamegon- South Branch Oconto
Nicolet. River Accessible
Fishing Pier
Replacement
WI............................ Chequamegon- FR 2123
Nicolet. Reconstruction and
McCaslin Stream
Crossing Replacement
WI............................ Chequamegon- Mt. Valhalla Snowpark
Nicolet. and Developed
Recreation Access
Road Maintenance and
Reconstruction
WI............................ Chequamegon- Willow River FR 130
Nicolet. Stream Crossing
Replacement
WI............................ Chequamegon- North Country
Nicolet. National Scenic
Trail, Brusweiler
Trail Bridge
Replacement
WI............................ Chequamegon- First South Branch
Nicolet. Oconto Snowmobile
Trail Bridge
Replacement
WI............................ Chequamegon- Kentuck Creek FR 2176
Nicolet. Stream Crossing
Replacement for
recreation and
timber access
WI............................ Forest Products Pedestrian Bridge
Lab. Replacement to
access research on
underutilized wood
sources
WV............................ Monongahela...... FR 19-0, Red Creek
Bridge Replacement
for Dolly Sods
Wilderness Access
WV............................ Monongahela...... Williams River at Tea
Creek Bridge
Replacement FR135-
0.5 at Cranberry
Wilderness
WV............................ Monongahela...... FR209--Culvert
Replacement with
Bridge for Aquatic
Organism Passage
Improvements
WV............................ Monongahela...... Lake Sherwood
Campground
Rehabilitation
WV............................ Monongahela...... FR 44A-0.15, West
Fork Greenbrier
Bridge Replacement
for Laurel Fork
Wilderness Access
WV............................ Monongahela...... Marlinton/White
Sulphur Ranger
District Stream
Crossing Structures
(Panther Ridge and
Upper Williams River
NEPA) for Trout
Fisheries
WV............................ Monongahela...... FR 76-20, Tumbling
Rock Bridge
Replacement for
Timber Sales and
Recreation Access
WV............................ Monongahela...... Red Oak Fire Tower
Lightning
Protections and
Improvements
WV............................ Monongahela...... FR1681-2.3 Elleber
North Fork Deer
Creek Bridge
Replacement
WY............................ Ashley........... Buckboard Waterline
Replacement
WY............................ Bridger-Teton.... Fremont Crossing
Complex Trail Bridge
Replacement
WY............................ Bridger-Teton.... CCC Ponds Major Trail
Bridge Replacement
WY............................ Bridger-Teton.... Forest Vault Toilet
Replacement
WY............................ Bridger-Teton.... Greys River Road
Improvements--Phase
1
WY............................ Bridger-Teton.... Green River Lakes
Campground--Picnic
Table Replacement
WY............................ Bighorn.......... FSR15 Dayton Gulch
Roadway Improvements
WY............................ Bighorn.......... Shell Falls Wayside
Visitor Center--
Primary Power
Replacement
WY............................ Bighorn.......... Leigh Creek Dump
Station PV Battery
Replacement
WY............................ Bighorn.......... FSR17 Paintrock Rock
Road Surfacing
WY............................ Bighorn.......... FSR33 Crazy Woman
Road Repairs
WY............................ Bighorn.......... Forestwide Roadside
Tree Clearing
WY............................ Bighorn.......... Bighorn NF Trail
bridge Repairs--
Driveway, Cedar Ck,
& Shell Ck Trail
Bridges
WY............................ Bighorn.......... FSR344 Cold Springs
Road Repairs
WY............................ MBRTB............ Tie Hack & Mad Cr
Trail Bridges
Survey, Design, &
Construct
WY............................ Shoshone......... Fishhawk Trail
Rehabilitation
WY............................ Shoshone......... North Fork Trail
Maintenance
WY............................ Shoshone......... Anderson Lodge
Preservation
WY............................ Shoshone......... Road Slump Repair
WY............................ Shoshone......... Picnic Area and CG
Toilet Replacement
WY............................ Shoshone......... Replace Sign Boards
at Campgrounds
WY............................ Shoshone......... Campground Fencing
Replacement
WY............................ Shoshone......... Lower Middle Fork
Trail Repair
WY............................ Shoshone......... Ink Wells Cut-Off
Trail Repair
WY............................ Shoshone......... Willow Creek Ski
Trails Repair
WY............................ Shoshone......... Downs Fork Bridge
Removal
WY............................ Shoshone......... Eagle Creek Trail
Rehabilitation
WY............................ Shoshone......... Replace Yellowstone
Trail Footbridge
WY............................ Shoshone......... Sinks Canyon CG Road
Resurface
WY............................ Shoshone......... Eagle Creek Trailhead
Toilet Replacement
WY............................ Shoshone......... Piney Creek Trail Re-
route
Total Project $262,232,093
Funding.
Mission Support.. $22,767,907
Total, Forest $285,000,000
Service.
------------------------------------------------------------------------
ALLOCATION OF FUNDS FROM THE LAND AND WATER CONSERVATION FUND--FISCAL
YEAR 2021
------------------------------------------------------------------------
------------------------------------------------------------------------
Agency--Account--Activity--Project
------------------------------------------------------------------------
Bureau of Land Management--Land .................... $66,050,000
Acquisition.
Acquisitions.................... .................... 23,550,000
State......................... Project.............
ID............................ Lower Salmon River ..............
Special Management
Recreation Area.
CA............................ Bodie Hills......... ..............
ID............................ Upper Snake/South ..............
Fork Snake River
Special Management
Recreation Area and
Main Snake River.
MT............................ Lower Musselshell ..............
River Conservation
Project.
AK............................ Beaver Creek Wild ..............
and Scenic River
Corridor.
MT............................ Blackfoot River ..............
Watershed.
Acquisition Contingencies....... .................... 5,000,000
Acquisition Management.......... .................... 7,500,000
Recreational Access............. .................... 20,500,000
Emergencies & Hardships......... .................... 9,500,000
United States Fish and Wildlife .................... $111,840,000
Service--Land Acquisition.
Acquisitions.................... .................... 48,875,000
State Project
KY............................ Green River National ..............
Wildlife Refuge.
IA/MN......................... Northern Tallgrass ..............
Prairie National
Wildlife Refuge.
LA............................ Bayou Sauvage ..............
National Wildlife
Refuge.
WV............................ Canaan Valley ..............
National Wildlife
Refuge.
WA............................ Willapa National ..............
Wildlife Refuge.
FL............................ St. Marks National ..............
Wildlife Refuge.
TX............................ Laguna Atascosa ..............
National Wildlife
Refuge.
MULTI......................... Upper Mississippi ..............
River National
Wildlife and Fish
Refuge.
FL............................ Everglades ..............
Headwaters National
Wildlife Refuge and
Conservation Area.
ND/SD......................... Dakota Grassland ..............
Conservation Area.
MULTI......................... Great Thicket ..............
National Wildlife
Refuge.
MULTI......................... Bear River Watershed ..............
Conservation Area.
MULTI......................... Silvio O. Conte ..............
National Fish and
Wildlife Refuge.
KS............................ Flint Hills Legacy ..............
Conservation Area.
CA............................ Sacramento River ..............
National Wildlife
Refuge.
AR............................ Cache River National ..............
Wildlife Refuge.
CA............................ San Diego National ..............
Wildlife Refuge.
HI............................ Hakalau Forest ..............
National Wildlife
Refuge.
NV............................ Stillwater National ..............
Wildlife Refuge.
IL/WI......................... Hackmatack National ..............
Wildlife Refuge.
CO/NM......................... San Luis Valley ..............
Conservation Area.
WA............................ Turnbull National ..............
Wildlife Refuge.
AR............................ Felsenthal National ..............
Wildlife Refuge.
MT............................ Montana National ..............
Wildlife Refuges
and Conservation
Areas.
Acquisition Contingencies....... .................... 6,000,000
Land Acquisition Management..... .................... 17,000,000
Sportsmen and Recreational .................... 15,500,000
Access.
Inholding/Emergencies and .................... 12,500,000
Hardships.
Exchanges....................... .................... 1,500,000
Land Protection Planning........ .................... 465,000
Highlands Conservation Act (P.L. .................... 10,000,000
108-421).
United States Fish and Wildlife .................... $11,162,000
Service--Cooperative Endangered
Species Conservation Fund.
Land Acquisition................
Species Recovery Land .................... 11,162,000
Acquisition.
National Park Service--Land .................... $473,808,000
Acquisition and State Assistance.
Acquisitions.................... .................... 43,308,000
State Project
LA/MS......................... Vicksburg National ..............
Military Park.
MO............................ Sainte Genevieve ..............
National Historical
Park.
VA............................ Petersburg National ..............
Battlefield.
TN............................ Shiloh National ..............
Military Park.
TX............................ Palo Alto ..............
Battlefield
National Historical
Park.
KY/TN......................... Big South Fork ..............
National River and
Recreation Area.
KY............................ MIll Springs ..............
Battlefield
National Monument.
AK............................ Glacier Bay National ..............
Park and Preserve.
MULTI......................... Battlefield Parks... ..............
MS............................ Natchez National ..............
Historical Park.
WI............................ Ice Age National ..............
Scenic Trail.
GA............................ Ocmulgee Mounds ..............
National Historical
Park.
VA............................ Fredericksburg and ..............
Spotsylvania County
Battlefields
Memorial National
Military Park.
CA............................ Mojave National ..............
Preserve.
ID............................ City of Rocks ..............
National Reserve.
ME............................ Katahdin Woods and ..............
Waters National
Monument.
TN............................ Fort Donelson ..............
National
Battlefield.
VA............................ Appalachian National ..............
Scenic Trail.
FL............................ Big Cypress National ..............
Preserve.
CA............................ Santa Monica ..............
Mountains National
Recreation Area.
CA............................ Death Valley ..............
National Park.
MI............................ River Raisin ..............
National
Battlefield Park.
CO............................ Dinosaur National ..............
Monument.
TN............................ Stones River ..............
National
Battlefield.
OH............................ Cuyahoga Valley ..............
National Park.
OH............................ William Howard Taft ..............
National Historic
Site.
SD............................ Missouri National ..............
Recreation River.
AK............................ Katmai National Park ..............
and Preserve.
KS............................ Fort Scott National ..............
Historic Site.
ME............................ Acadia National Park ..............
Acquisition Contingencies....... .................... 6,000,000
Acquisition Management.......... .................... 14,500,000
Recreational Access............. .................... 14,500,000
Emergencies, Hardships, .................... 4,000,000
Relocations, and Deficiencies.
Inholding, Donations, and .................... 11,500,000
Exchanges.
American Battlefield Protection .................... 20,000,000
Program (P.L. 113-287).
State Conservation Grants....... .................... 220,000,000
LWCF Outdoor Recreation Legacy .................... 125,000,000
Grants.
State Conservation Grants .................... 15,000,000
Administration.
Office of the Secretary-- .................... $19,000,000
Departmental Operations.
Management Services.............
Appraisal and Valuation .................... 19,000,000
Services Office-Federal Lands.
Forest Service--State and Private .................... $94,255,000
Forestry.
Forest Legacy Program
Acquisitions.................... .................... 87,855,000
State Project
GA............................ Ceylon.............. ..............
ME............................ East Grand/Weston... ..............
MT............................ Kootenai Forestlands ..............
Conservation
Project.
AR............................ Hot Springs Forest.. ..............
MT............................ Bad Rock Canyon ..............
Conservation
Project.
HI............................ Na Wai Eha Forest ..............
Watershed.
VA............................ Roanoke River ..............
Working Forest.
TN............................ Myers Cove.......... ..............
MO............................ Chilton Creek Forest ..............
AZ............................ The Sonoita Creek ..............
Wildlife Corridor.
WV............................ South Fork Lost ..............
River.
NH............................ Dundee Forest....... ..............
WA............................ Dewatto Headwaters ..............
Forest Phase III.
WY............................ Munger Mountain ..............
Corridor Initiative.
OR............................ Spence Mountain ..............
Forest.
CA............................ Travis Forest ..............
Conservation
Easement.
FL............................ Wolfe Creek Forest.. ..............
HI............................ Hawaii Koa Forest... ..............
MD............................ Upper Potomac Shale ..............
Barrens.
OH............................ Little Smokies-- ..............
Sunshine.
VA............................ Chateauguay Forest ..............
Project.
OR............................ Arch Cape Watershed. ..............
FL............................ Wakulla Caves Forest ..............
WA............................ Yacolt Forest Phase ..............
II.
LA............................ Old Spanish Trail ..............
Preserve.
VT............................ Worcester Woods III. ..............
MA............................ Emerald Forest ..............
Borderlands.
ID............................ Moyie River Corridor ..............
Administrative Funds............ .................... 6,400,000
Forest Service--Land Acquisition.. .................... $123,885,000
Acquisitions.................... .................... 79,126,000
State Project
ID............................ Salmon-Challis ..............
(Panther Creek
Watershed).
MN............................ Superior (School ..............
Trust I).
MT............................ Lolo (Lolo Trails).. ..............
AK............................ Chugach (Snow River ..............
Wetlands).
CA............................ Shasta-Trinity ..............
(Little Castle
Lake).
CA............................ Mendocino (Sanhedrin ..............
Tract Phase III).
NM............................ Lincoln (Rio Bonito ..............
Corridor I).
CO............................ White River ..............
(Sweetwater Lake).
OR............................ Siuslaw (Wasson ..............
Forest).
WV............................ Monongahela (Rhodes) ..............
OR............................ Ochoco (Crooked ..............
River Gorge).
NC............................ NFs in North ..............
Carolina (North
Carolina Threatened
Treasures I).
GA............................ Chattahoochee-Oconee ..............
(Chattahoochee-
Oconee NF I).
WA............................ Wenatchee ..............
(Washington
Cascades I).
VT............................ Green Mountain ..............
(White Rocks
Gateway).
WI............................ Chequamegon-Nicolet ..............
(Wisconsin
Northwood I).
NM............................ Santa Fe (Valley of ..............
the Spirit Ranch I).
TN............................ Cherokee (Tennessee ..............
Mountains, Trails,
& Waters).
NE............................ Nebraska NF and ..............
Ogallala National
Grassland (Sand
Creek).
VA/WV......................... George Washington ..............
and Jefferson
(George Washington
and Jefferson NF I).
SC............................ Sumter (Promise of ..............
the Piedmont I).
SC............................ Sumter (Persimmon ..............
Mountain Tract).
CA............................ Los Padres (Rose ..............
Valley Creek I).
OR............................ Wallowa-Whitman (Elk ..............
Creek).
NM............................ Cibola (Rio Nutria). ..............
WY............................ Shoshone (Little ..............
Rock Creek).
AL............................ NFs in Alabama ..............
(Alabama's Wild
Wonders I).
NM............................ Cibola (Tampico ..............
Springs III).
SD............................ Black Hills (Slicker- ..............
Wabash Springs).
MN............................ Superior (School ..............
Trust II).
NM............................ Lincoln (Rio Bonito ..............
Corridor II).
GA............................ Chattahoochee-Oconee ..............
(Chattahoochee-
Oconee NF II).
WA............................ Wenatchee ..............
(Washington
Cascades II).
NM............................ Santa Fe (Valley of ..............
the Spirit Ranch
II).
VA/WV......................... George Washington ..............
and Jefferson
(George Washington
and Jefferson NF
II).
Acquisition Contingencies....... .................... 6,000,000
Acquisition Management.......... .................... 12,000,000
Recreational Access............. .................... 17,000,000
Critical Inholdings / Wilderness .................... 9,500,000
Cash Equalization............. .................... 259,000
------------------------------------------------------------------------
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2021
(H.R. 133; P.L. 116-260)
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
=======================================================================
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Innovation and
Opportunity Act (referred to in this Act as ``WIOA'') and the
National Apprenticeship Act, $3,663,200,000, plus
reimbursements, shall be available. Of the amounts provided:
(1) for grants to States for adult employment and
training activities, youth activities, and dislocated
worker employment and training activities,
$2,845,332,000 as follows:
(A) $862,649,000 for adult employment and
training activities, of which $150,649,000
shall be available for the period July 1, 2021
through June 30, 2022, and of which
$712,000,000 shall be available for the period
October 1, 2021 through June 30, 2022;
(B) $921,130,000 for youth activities, which
shall be available for the period April 1, 2021
through June 30, 2022; and
(C) $1,061,553,000 for dislocated worker
employment and training activities, of which
$201,553,000 shall be available for the period
July 1, 2021 through June 30, 2022, and of
which $860,000,000 shall be available for the
period October 1, 2021 through June 30, 2022:
Provided, That the funds available for allotment to
outlying areas to carry out subtitle B of title I of
the WIOA shall not be subject to the requirements of
section 127(b)(1)(B)(ii) of such Act; and
(2) for national programs, $817,868,000 as follows:
(A) $280,859,000 for the dislocated workers
assistance national reserve, of which
$80,859,000 shall be available for the period
July 1, 2021 through September 30, 2022, and of
which $200,000,000 shall be available for the
period October 1, 2021 through September 30,
2022: Provided, That funds provided to carry
out section 132(a)(2)(A) of the WIOA may be
used to provide assistance to a State for
statewide or local use in order to address
cases where there have been worker dislocations
across multiple sectors or across multiple
local areas and such workers remain dislocated;
coordinate the State workforce development plan
with emerging economic development needs; and
train such eligible dislocated workers:
Provided further, That funds provided to carry
out sections 168(b) and 169(c) of the WIOA may
be used for technical assistance and
demonstration projects, respectively, that
provide assistance to new entrants in the
workforce and incumbent workers: Provided
further, That notwithstanding section 168(b) of
the WIOA, of the funds provided under this
subparagraph, the Secretary of Labor (referred
to in this title as ``Secretary'') may reserve
not more than 10 percent of such funds to
provide technical assistance and carry out
additional activities related to the transition
to the WIOA: Provided further, That of the
funds provided under this subparagraph,
$80,000,000 shall be for training and
employment assistance under sections 168(b),
169(c) (notwithstanding the 10 percent
limitation in such section) and 170 of the WIOA
as follows:
(i) $35,000,000 shall be for workers
in the Appalachian region, as defined
by 40 U.S.C. 14102(a)(1) and workers in
the Lower Mississippi, as defined in
section 4(2) of the Delta Development
Act (Public Law 100-460, 102 Stat.
2246; 7 U.S.C. 2009aa(2));
(ii) $45,000,000 shall be for the
purpose of developing, offering, or
improving educational or career
training programs at community
colleges, defined as public
institutions of higher education, as
described in section 101(a) of the
Higher Education Act of 1965 and at
which the associate's degree is
primarily the highest degree awarded,
with other eligible institutions of
higher education, as defined in section
101(a) of the Higher Education Act of
1965, eligible to participate through
consortia, with community colleges as
the lead grantee: Provided, That the
Secretary shall follow the requirements
for the program in House Report 116-62
and in the explanatory statement
accompanying this Act: Provided
further, That any grant funds used for
apprenticeships shall be used to
support only apprenticeship programs
registered under the National
Apprenticeship Act and as referred to
in section 3(7)(B) of the WIOA;
(B) $55,500,000 for Native American programs
under section 166 of the WIOA, which shall be
available for the period July 1, 2021 through
June 30, 2022;
(C) $93,896,000 for migrant and seasonal
farmworker programs under section 167 of the
WIOA, including $87,083,000 for formula grants
(of which not less than 70 percent shall be for
employment and training services), $6,256,000
for migrant and seasonal housing (of which not
less than 70 percent shall be for permanent
housing), and $557,000 for other discretionary
purposes, which shall be available for the
period April 1, 2021 through June 30, 2022:
Provided, That notwithstanding any other
provision of law or related regulation, the
Department of Labor shall take no action
limiting the number or proportion of eligible
participants receiving related assistance
services or discouraging grantees from
providing such services: Provided further,
That notwithstanding the definition of
``eligible seasonal farmworker'' in section
167(i)(3)(A) of the WIOA relating to an
individual being ``low-income'', an individual
is eligible for migrant and seasonal farmworker
programs under section 167 of the WIOA under
that definition if, in addition to meeting the
requirements of clauses (i) and (ii) of section
167(i)(3)(A), such individual is a member of a
family with a total family income equal to or
less than 150 percent of the poverty line;
(D) $96,534,000 for YouthBuild activities as
described in section 171 of the WIOA, which
shall be available for the period April 1, 2021
through June 30, 2022;
(E) $100,079,000 for ex-offender activities,
under the authority of section 169 of the WIOA,
which shall be available for the period April
1, 2021 through June 30, 2022: Provided, That
of this amount, $25,000,000 shall be for
competitive grants to national and regional
intermediaries for activities that prepare for
employment young adults with criminal records,
young adults who have been justice system-
involved, or young adults who have dropped out
of school or other educational programs, with a
priority for projects serving high-crime, high-
poverty areas;
(F) $6,000,000 for the Workforce Data Quality
Initiative, under the authority of section 169
of the WIOA, which shall be available for the
period July 1, 2021 through June 30, 2022; and
(G) $185,000,000 to expand opportunities
through apprenticeships only registered under
the National Apprenticeship Act and as referred
to in section 3(7)(B) of the WIOA, to be
available to the Secretary to carry out
activities through grants, cooperative
agreements, contracts and other arrangements,
with States and other appropriate entities,
including equity intermediaries and business
and labor industry partner intermediaries,
which shall be available for the period July 1,
2021 through June 30, 2022.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including
Federal administrative expenses, the purchase and hire of
passenger motor vehicles, the construction, alteration, and
repairs of buildings and other facilities, and the purchase of
real property for training centers as authorized by the WIOA,
$1,748,655,000, plus reimbursements, as follows:
(1) $1,603,325,000 for Job Corps Operations, which
shall be available for the period July 1, 2021 through
June 30, 2022;
(2) $113,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be
available for the period July 1, 2021 through June 30,
2024, and which may include the acquisition,
maintenance, and repair of major items of equipment:
Provided, That the Secretary may transfer up to 15
percent of such funds to meet the operational needs of
such centers or to achieve administrative efficiencies:
Provided further, That any funds transferred pursuant
to the preceding provision shall not be available for
obligation after June 30, 2022: Provided further, That
the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15
days in advance of any transfer; and
(3) $32,330,000 for necessary expenses of Job Corps,
which shall be available for obligation for the period
October 1, 2020 through September 30, 2021:
Provided, That no funds from any other appropriation shall be
used to provide meal services at or for Job Corps centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965
(referred to in this Act as ``OAA''), $405,000,000, which shall
be available for the period April 1, 2021 through June 30,
2022, and may be recaptured and reobligated in accordance with
section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2021 of trade adjustment
benefit payments and allowances under part I of subchapter B of
chapter 2 of title II of the Trade Act of 1974, and section 246
of that Act; and for training, employment and case management
services, allowances for job search and relocation, and related
State administrative expenses under part II of subchapter B of
chapter 2 of title II of the Trade Act of 1974, and including
benefit payments, allowances, training, employment and case
management services, and related State administration provided
pursuant to section 231(a) of the Trade Adjustment Assistance
Extension Act of 2011 and section 405(a) of the Trade
Preferences Extension Act of 2015, $633,600,000 together with
such amounts as may be necessary to be charged to the
subsequent appropriation for payments for any period subsequent
to September 15, 2021: Provided, That notwithstanding section
502 of this Act, any part of the appropriation provided under
this heading may remain available for obligation beyond the
current fiscal year pursuant to the authorities of section
245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)).
state unemployment insurance and employment service operations
For authorized administrative expenses, $84,066,000, together
with not to exceed $3,332,583,000 which may be expended from
the Employment Security Administration Account in the
Unemployment Trust Fund (``the Trust Fund''), of which--
(1) $2,565,816,000 from the Trust Fund is for grants
to States for the administration of State unemployment
insurance laws as authorized under title III of the
Social Security Act (including not less than
$200,000,000 to carry out reemployment services and
eligibility assessments under section 306 of such Act,
any claimants of regular compensation, as defined in
such section, including those who are profiled as most
likely to exhaust their benefits, may be eligible for
such services and assessments: Provided, That of such
amount, $117,000,000 is specified for grants under
section 306 of the Social Security Act and is provided
to meet the terms of section 251(b)(2)(E)(ii) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended, and $83,000,000 is additional new
budget authority specified for purposes of section
251(b)(2)(E)(i)(II) of such Act; and $9,000,000 for
continued support of the Unemployment Insurance
Integrity Center of Excellence), the administration of
unemployment insurance for Federal employees and for
ex-service members as authorized under 5 U.S.C. 8501-
8523, and the administration of trade readjustment
allowances, reemployment trade adjustment assistance,
and alternative trade adjustment assistance under the
Trade Act of 1974 and under section 231(a) of the Trade
Adjustment Assistance Extension Act of 2011 and section
405(a) of the Trade Preferences Extension Act of 2015,
and shall be available for obligation by the States
through December 31, 2021, except that funds used for
automation shall be available for Federal obligation
through December 31, 2021, and for State obligation
through September 30, 2023, or, if the automation is
being carried out through consortia of States, for
State obligation through September 30, 2027, and for
expenditure through September 30, 2028, and funds for
competitive grants awarded to States for improved
operations and to conduct in-person reemployment and
eligibility assessments and unemployment insurance
improper payment reviews and provide reemployment
services and referrals to training, as appropriate,
shall be available for Federal obligation through
December 31, 2021, and for obligation by the States
through September 30, 2023, and funds for the
Unemployment Insurance Integrity Center of Excellence
shall be available for obligation by the State through
September 30, 2022, and funds used for unemployment
insurance workloads experienced through September 30,
2021 shall be available for Federal obligation through
December 31, 2021;
(2) $18,000,000 from the Trust Fund is for national
activities necessary to support the administration of
the Federal-State unemployment insurance system;
(3) $648,639,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is
for grants to States in accordance with section 6 of
the Wagner-Peyser Act, and shall be available for
Federal obligation for the period July 1, 2021 through
June 30, 2022;
(4) $22,318,000 from the Trust Fund is for national
activities of the Employment Service, including
administration of the work opportunity tax credit under
section 51 of the Internal Revenue Code of 1986
(including assisting States in adopting or modernizing
information technology for use in the processing of
certification requests), and the provision of technical
assistance and staff training under the Wagner-Peyser
Act;
(5) $77,810,000 from the Trust Fund is for the
administration of foreign labor certifications and
related activities under the Immigration and
Nationality Act and related laws, of which $57,528,000
shall be available for the Federal administration of
such activities, and $20,282,000 shall be available for
grants to States for the administration of such
activities; and
(6) $62,653,000 from the General Fund is to provide
workforce information, national electronic tools, and
one-stop system building under the Wagner-Peyser Act
and shall be available for Federal obligation for the
period July 1, 2021 through June 30, 2022:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2021 is projected by
the Department of Labor to exceed 1,728,000, an additional
$28,600,000 from the Trust Fund shall be available for
obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than
100,000) to carry out title III of the Social Security Act:
Provided further, That funds appropriated in this Act that are
allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist
other States in carrying out activities under such title III if
the other States include areas that have suffered a major
disaster declared by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act: Provided
further, That the Secretary may use funds appropriated for
grants to States under title III of the Social Security Act to
make payments on behalf of States for the use of the National
Directory of New Hires under section 453(j)(8) of such Act:
Provided further, That the Secretary may use funds appropriated
for grants to States under title III of the Social Security Act
to make payments on behalf of States to the entity operating
the State Information Data Exchange System: Provided further,
That funds appropriated in this Act which are used to establish
a national one-stop career center system, or which are used to
support the national activities of the Federal-State
unemployment insurance, employment service, or immigration
programs, may be obligated in contracts, grants, or agreements
with States and non-State entities: Provided further, That
States awarded competitive grants for improved operations under
title III of the Social Security Act, or awarded grants to
support the national activities of the Federal-State
unemployment insurance system, may award subgrants to other
States and non-State entities under such grants, subject to the
conditions applicable to the grants: Provided further, That
funds appropriated under this Act for activities authorized
under title III of the Social Security Act and the Wagner-
Peyser Act may be used by States to fund integrated
Unemployment Insurance and Employment Service automation
efforts, notwithstanding cost allocation principles prescribed
under the final rule entitled ``Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for
Federal Awards'' at part 200 of title 2, Code of Federal
Regulations: Provided further, That the Secretary, at the
request of a State participating in a consortium with other
States, may reallot funds allotted to such State under title
III of the Social Security Act to other States participating in
the consortium or to the entity operating the Unemployment
Insurance Information Technology Support Center in order to
carry out activities that benefit the administration of the
unemployment compensation law of the State making the request:
Provided further, That the Secretary may collect fees for the
costs associated with additional data collection, analyses, and
reporting services relating to the National Agricultural
Workers Survey requested by State and local governments, public
and private institutions of higher education, and nonprofit
organizations and may utilize such sums, in accordance with the
provisions of 29 U.S.C. 9a, for the National Agricultural
Workers Survey infrastructure, methodology, and data to meet
the information collection and reporting needs of such
entities, which shall be credited to this appropriation and
shall remain available until September 30, 2022, for such
purposes.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, and to the Black Lung Disability Trust Fund as authorized
by section 9501(c)(1) of the Internal Revenue Code of 1986; and
for nonrepayable advances to the revolving fund established by
section 901(e) of the Social Security Act, to the Unemployment
Trust Fund as authorized by 5 U.S.C. 8509, and to the ``Federal
Unemployment Benefits and Allowances'' account, such sums as
may be necessary, which shall be available for obligation
through September 30, 2022.
program administration
For expenses of administering employment and training
programs, $108,674,000, together with not to exceed $49,982,000
which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $181,000,000, of which up to $3,000,000 shall
be made available through September 30, 2022, for the
procurement of expert witnesses for enforcement litigation.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'') is
authorized to make such expenditures, including financial
assistance authorized by subtitle E of title IV of the Employee
Retirement Income Security Act of 1974, within limits of funds
and borrowing authority available to the Corporation, and in
accord with law, and to make such contracts and commitments
without regard to fiscal year limitations, as provided by 31
U.S.C. 9104, as may be necessary in carrying out the program,
including associated administrative expenses, through September
30, 2021, for the Corporation: Provided, That none of the
funds available to the Corporation for fiscal year 2021 shall
be available for obligations for administrative expenses in
excess of $465,289,000: Provided further, That to the extent
that the number of new plan participants in plans terminated by
the Corporation exceeds 100,000 in fiscal year 2021, an amount
not to exceed an additional $9,200,000 shall be available
through September 30, 2025, for obligations for administrative
expenses for every 20,000 additional terminated participants:
Provided further, That obligations in excess of the amounts
provided for administrative expenses in this paragraph may be
incurred and shall be available through September 30, 2025 for
obligation for unforeseen and extraordinary pre-termination or
termination expenses or extraordinary multiemployer program
related expenses after approval by the Office of Management and
Budget and notification of the Committees on Appropriations of
the House of Representatives and the Senate: Provided further,
That an additional amount shall be available for obligation
through September 30, 2025 to the extent the Corporation's
costs exceed $250,000 for the provision of credit or identity
monitoring to affected individuals upon suffering a security
incident or privacy breach, not to exceed an additional $100
per affected individual.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division,
including reimbursement to State, Federal, and local agencies
and their employees for inspection services rendered,
$246,000,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $44,437,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $105,976,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers'
Compensation Programs, $115,424,000, together with $2,177,000
which may be expended from the Special Fund in accordance with
sections 39(c), 44(d), and 44(j) of the Longshore and Harbor
Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current or
any prior fiscal year authorized by 5 U.S.C. 81; continuation
of benefits as provided for under the heading ``Civilian War
Benefits'' in the Federal Security Agency Appropriation Act,
1947; the Employees' Compensation Commission Appropriation Act,
1944; section 5(f) of the War Claims Act (50 U.S.C. App. 2012);
obligations incurred under the War Hazards Compensation Act (42
U.S.C. 1701 et seq.); and 50 percent of the additional
compensation and benefits required by section 10(h) of the
Longshore and Harbor Workers' Compensation Act, $239,000,000,
together with such amounts as may be necessary to be charged to
the subsequent year appropriation for the payment of
compensation and other benefits for any period subsequent to
August 15 of the current year, for deposit into and to assume
the attributes of the Employees' Compensation Fund established
under 5 U.S.C. 8147(a): Provided, That amounts appropriated
may be used under 5 U.S.C. 8104 by the Secretary to reimburse
an employer, who is not the employer at the time of injury, for
portions of the salary of a re-employed, disabled beneficiary:
Provided further, That balances of reimbursements unobligated
on September 30, 2020, shall remain available until expended
for the payment of compensation, benefits, and expenses:
Provided further, That in addition there shall be transferred
to this appropriation from the Postal Service and from any
other corporation or instrumentality required under 5 U.S.C.
8147(c) to pay an amount for its fair share of the cost of
administration, such sums as the Secretary determines to be the
cost of administration for employees of such fair share
entities through September 30, 2021: Provided further, That of
those funds transferred to this account from the fair share
entities to pay the cost of administration of the Federal
Employees' Compensation Act, $80,257,000 shall be made
available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications
systems, $27,220,000;
(2) For automated workload processing operations,
including document imaging, centralized mail intake,
and medical bill processing, $25,647,000;
(3) For periodic roll disability management and
medical review, $25,648,000;
(4) For program integrity, $1,742,000; and
(5) The remaining funds shall be paid into the
Treasury as miscellaneous receipts:
Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits under
5 U.S.C. 81, or the Longshore and Harbor Workers' Compensation
Act, provide as part of such notice and claim, such identifying
information (including Social Security account number) as such
regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, as amended by Public Law 107-275,
$40,970,000, to remain available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs
incurred in the current fiscal year, such amounts as may be
necessary.
For making benefit payments under title IV for the first
quarter of fiscal year 2022, $14,000,000, to remain available
until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $62,507,000, to
remain available until expended: Provided, That the Secretary
may require that any person filing a claim for benefits under
the Act provide as part of such claim such identifying
information (including Social Security account number) as may
be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung Disability
Trust Fund (the ``Fund''), to remain available until expended,
for payment of all benefits authorized by section 9501(d)(1),
(2), (6), and (7) of the Internal Revenue Code of 1986; and
repayment of, and payment of interest on advances, as
authorized by section 9501(d)(4) of that Act. In addition, the
following amounts may be expended from the Fund for fiscal year
2021 for expenses of operation and administration of the Black
Lung Benefits program, as authorized by section 9501(d)(5): not
to exceed $40,643,000 for transfer to the Office of Workers'
Compensation Programs, ``Salaries and Expenses''; not to exceed
$33,033,000 for transfer to Departmental Management, ``Salaries
and Expenses''; not to exceed $333,000 for transfer to
Departmental Management, ``Office of Inspector General''; and
not to exceed $356,000 for payments into miscellaneous receipts
for the expenses of the Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $591,787,000, including not to exceed
$110,075,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational Safety
and Health Act (the ``Act''), which grants shall be no less
than 50 percent of the costs of State occupational safety and
health programs required to be incurred under plans approved by
the Secretary under section 18 of the Act; and, in addition,
notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $499,000 per fiscal year
of training institute course tuition and fees, otherwise
authorized by law to be collected, and may utilize such sums
for occupational safety and health training and education:
Provided, That notwithstanding 31 U.S.C. 3302, the Secretary is
authorized, during the fiscal year ending September 30, 2021,
to collect and retain fees for services provided to Nationally
Recognized Testing Laboratories, and may utilize such sums, in
accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that
ensure the safety of equipment and products used by workers in
the workplace: Provided further, That none of the funds
appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any
standard, rule, regulation, or order under the Act which is
applicable to any person who is engaged in a farming operation
which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds
appropriated under this paragraph shall be obligated or
expended to administer or enforce any standard, rule,
regulation, or order under the Act with respect to any employer
of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (``DART'')
occupational injury and illness rate, at the most precise
industrial classification code for which such data are
published, less than the national average rate as such rates
are most recently published by the Secretary, acting through
the Bureau of Labor Statistics, in accordance with section 24
of the Act, except--
(1) to provide, as authorized by the Act,
consultation, technical assistance, educational and
training services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in
response to an employee complaint, to issue a citation
for violations found during such inspection, and to
assess a penalty for violations which are not corrected
within a reasonable abatement period and for any
willful violations found;
(3) to take any action authorized by the Act with
respect to imminent dangers;
(4) to take any action authorized by the Act with
respect to health hazards;
(5) to take any action authorized by the Act with
respect to a report of an employment accident which is
fatal to one or more employees or which results in
hospitalization of two or more employees, and to take
any action pursuant to such investigation authorized by
the Act; and
(6) to take any action authorized by the Act with
respect to complaints of discrimination against
employees for exercising rights under the Act:
Provided further, That the foregoing proviso shall not apply
to any person who is engaged in a farming operation which does
not maintain a temporary labor camp and employs 10 or fewer
employees: Provided further, That $11,787,000 shall be
available for Susan Harwood training grants, of which not less
than $4,500,000 is for Susan Harwood Training Capacity Building
Developmental grants, as described in Funding Opportunity
Number SHTG-FY-16-02 (referenced in the notice of availability
of funds published in the Federal Register on May 3, 2016 (81
Fed. Reg. 30568)) for program activities starting not later
than September 30, 2021 and lasting for a period of 12 months:
Provided further, That not less than $3,500,000 shall be for
Voluntary Protection Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $379,816,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue and
first-aid work, and the hire of passenger motor vehicles,
including up to $2,000,000 for mine rescue and recovery
activities and not less than $10,537,000 for State assistance
grants: Provided, That notwithstanding 31 U.S.C. 3302, not to
exceed $750,000 may be collected by the National Mine Health
and Safety Academy for room, board, tuition, and the sale of
training materials, otherwise authorized by law to be
collected, to be available for mine safety and health education
and training activities: Provided further, That
notwithstanding 31 U.S.C. 3302, the Mine Safety and Health
Administration is authorized to collect and retain up to
$2,499,000 from fees collected for the approval and
certification of equipment, materials, and explosives for use
in mines, and may utilize such sums for such activities:
Provided further, That the Secretary is authorized to accept
lands, buildings, equipment, and other contributions from
public and private sources and to prosecute projects in
cooperation with other agencies, Federal, State, or private:
Provided further, That the Mine Safety and Health
Administration is authorized to promote health and safety
education and training in the mining community through
cooperative programs with States, industry, and safety
associations: Provided further, That the Secretary is
authorized to recognize the Joseph A. Holmes Safety Association
as a principal safety association and, notwithstanding any
other provision of law, may provide funds and, with or without
reimbursement, personnel, including service of Mine Safety and
Health Administration officials as officers in local chapters
or in the national organization: Provided further, That any
funds available to the Department of Labor may be used, with
the approval of the Secretary, to provide for the costs of mine
rescue and survival operations in the event of a major
disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$587,000,000, together with not to exceed $68,000,000 which may
be expended from the Employment Security Administration account
in the Unemployment Trust Fund.
Within this amount, $13,000,000 to remain available until
September 30, 2024, for costs associated with the physical move
of the Bureau of Labor Statistics' headquarters, including
replication of space, furniture, fixtures, equipment, and
related costs, as well as relocation of the data center to a
shared facility.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
eliminating barriers to the training and employment of people
with disabilities, $38,500,000.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including
the hire of three passenger motor vehicles, $349,056,000,
together with not to exceed $308,000, which may be expended
from the Employment Security Administration account in the
Unemployment Trust Fund: Provided, That $67,325,000 for the
Bureau of International Labor Affairs shall be available for
obligation through December 31, 2021: Provided further, That
funds available to the Bureau of International Labor Affairs
may be used to administer or operate international labor
activities, bilateral and multilateral technical assistance,
and microfinance programs, by or through contracts, grants,
subgrants and other arrangements: Provided further, That not
more than $53,825,000 shall be for programs to combat
exploitative child labor internationally and not less than
$13,500,000 shall be used to implement model programs that
address worker rights issues through technical assistance in
countries with which the United States has free trade
agreements or trade preference programs: Provided further,
That $8,040,000 shall be used for program evaluation and shall
be available for obligation through September 30, 2022:
Provided further, That funds available for program evaluation
may be used to administer grants for the purpose of evaluation:
Provided further, That grants made for the purpose of
evaluation shall be awarded through fair and open competition:
Provided further, That funds available for program evaluation
may be transferred to any other appropriate account in the
Department for such purpose: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of any
transfer: Provided further, That the funds available to the
Women's Bureau may be used for grants to serve and promote the
interests of women in the workforce: Provided further, That of
the amounts made available to the Women's Bureau, not less than
$1,794,000 shall be used for grants authorized by the Women in
Apprenticeship and Nontraditional Occupations Act.
veterans' employment and training
Not to exceed $258,841,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund
to carry out the provisions of chapters 41, 42, and 43 of title
38, United States Code, of which--
(1) $180,000,000 is for Jobs for Veterans State
grants under 38 U.S.C. 4102A(b)(5) to support disabled
veterans' outreach program specialists under section
4103A of such title and local veterans' employment
representatives under section 4104(b) of such title,
and for the expenses described in section
4102A(b)(5)(C), which shall be available for
expenditure by the States through September 30, 2023,
and not to exceed 3 percent for the necessary Federal
expenditures for data systems and contract support to
allow for the tracking of participant and performance
information: Provided, That, in addition, such funds
may be used to support such specialists and
representatives in the provision of services to
transitioning members of the Armed Forces who have
participated in the Transition Assistance Program and
have been identified as in need of intensive services,
to members of the Armed Forces who are wounded, ill, or
injured and receiving treatment in military treatment
facilities or warrior transition units, and to the
spouses or other family caregivers of such wounded,
ill, or injured members;
(2) $31,379,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C.
1144;
(3) $44,048,000 is for Federal administration of
chapters 41, 42, and 43 of title 38, and sections 2021,
2021A and 2023 of title 38, United States Code:
Provided, That, up to $500,000 may be used to carry out
the Hire VETS Act (division O of Public Law 115-31);
and
(4) $3,414,000 is for the National Veterans'
Employment and Training Services Institute under 38
U.S.C. 4109:
Provided, That the Secretary may reallocate among the
appropriations provided under paragraphs (1) through (4) above
an amount not to exceed 3 percent of the appropriation from
which such reallocation is made.
In addition, from the General Fund of the Treasury,
$57,500,000 is for carrying out programs to assist homeless
veterans and veterans at risk of homelessness who are
transitioning from certain institutions under sections 2021,
2021A, and 2023 of title 38, United States Code: Provided,
That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30,
2021, to provide services under such section: Provided
further, That services provided under sections 2021 or under
2021A may include, in addition to services to homeless veterans
described in section 2002(a)(1), services to veterans who were
homeless at some point within the 60 days prior to program
entry or veterans who are at risk of homelessness within the
next 60 days, and that services provided under section 2023 may
include, in addition to services to the individuals described
in subsection (e) of such section, services to veterans
recently released from incarceration who are at risk of
homelessness: Provided further, That notwithstanding paragraph
(3) under this heading, funds appropriated in this paragraph
may be used for data systems and contract support to allow for
the tracking of participant and performance information:
Provided further, That notwithstanding sections 2021(e)(2) and
2021A(f)(2) of title 38, United States Code, such funds shall
be available for expenditure pursuant to 31 U.S.C. 1553.
In addition, fees may be assessed and deposited in the HIRE
Vets Medallion Award Fund pursuant to section 5(b) of the HIRE
Vets Act, and such amounts shall be available to the Secretary
to carry out the HIRE Vets Medallion Award Program, as
authorized by such Act, and shall remain available until
expended: Provided, That such sums shall be in addition to any
other funds available for such purposes, including funds
available under paragraph (3) of this heading: Provided
further, That section 2(d) of division O of the Consolidated
Appropriations Act, 2017 (Public Law 115-31; 38 U.S.C. 4100
note) shall not apply.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to
support systems and modernization, $27,269,000, which shall be
available through September 30, 2022.
office of inspector general
For salaries and expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $85,187,000, together with not to exceed $5,660,000 which
may be expended from the Employment Security Administration
account in the Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for the
Job Corps shall be used to pay the salary and bonuses of an
individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year
for the Department of Labor in this Act may be transferred
between a program, project, or activity, but no such program,
project, or activity shall be increased by more than 3 percent
by any such transfer: Provided, That the transfer authority
granted by this section shall not be used to create any new
program or to fund any project or activity for which no funds
are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of any
transfer.
Sec. 103. In accordance with Executive Order 13126, none of
the funds appropriated or otherwise made available pursuant to
this Act shall be obligated or expended for the procurement of
goods mined, produced, manufactured, or harvested or services
rendered, in whole or in part, by forced or indentured child
labor in industries and host countries already identified by
the United States Department of Labor prior to enactment of
this Act.
Sec. 104. Except as otherwise provided in this section, none
of the funds made available to the Department of Labor for
grants under section 414(c) of the American Competitiveness and
Workforce Improvement Act of 1998 (29 U.S.C. 2916a) may be used
for any purpose other than competitive grants for training
individuals who are older than 16 years of age and are not
currently enrolled in school within a local educational agency
in the occupations and industries for which employers are using
H-1B visas to hire foreign workers, and the related activities
necessary to support such training.
Sec. 105. None of the funds made available by this Act under
the heading ``Employment and Training Administration'' shall be
used by a recipient or subrecipient of such funds to pay the
salary and bonuses of an individual, either as direct costs or
indirect costs, at a rate in excess of Executive Level II. This
limitation shall not apply to vendors providing goods and
services as defined in Office of Management and Budget Circular
A-133. Where States are recipients of such funds, States may
establish a lower limit for salaries and bonuses of those
receiving salaries and bonuses from subrecipients of such
funds, taking into account factors including the relative cost-
of-living in the State, the compensation levels for comparable
State or local government employees, and the size of the
organizations that administer Federal programs involved
including Employment and Training Administration programs.
(transfer of funds)
Sec. 106. (a) Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act, either directly or through a set-
aside, for technical assistance services to grantees to
``Program Administration'' when it is determined that those
services will be more efficiently performed by Federal
employees: Provided, That this section shall not apply to
section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer
not more than 0.5 percent of each discretionary appropriation
made available to the Employment and Training Administration by
this Act to ``Program Administration'' in order to carry out
program integrity activities relating to any of the programs or
activities that are funded under any such discretionary
appropriations: Provided, That notwithstanding section 102 and
the preceding proviso, the Secretary may transfer not more than
0.5 percent of funds made available in paragraphs (1) and (2)
of the ``Office of Job Corps'' account to paragraph (3) of such
account to carry out program integrity activities related to
the Job Corps program: Provided further, That funds
transferred under the authority provided by this subsection
shall be available for obligation through September 30, 2022.
(transfer of funds)
Sec. 107. (a) The Secretary may reserve not more than 0.75
percent from each appropriation made available in this Act
identified in subsection (b) in order to carry out evaluations
of any of the programs or activities that are funded under such
accounts. Any funds reserved under this section shall be
transferred to ``Departmental Management'' for use by the
Office of the Chief Evaluation Officer within the Department of
Labor, and shall be available for obligation through September
30, 2022: Provided, That such funds shall only be available if
the Chief Evaluation Officer of the Department of Labor submits
a plan to the Committees on Appropriations of the House of
Representatives and the Senate describing the evaluations to be
carried out 15 days in advance of any transfer.
(b) The accounts referred to in subsection (a) are:
``Training and Employment Services'', ``Job Corps'',
``Community Service Employment for Older Americans'', ``State
Unemployment Insurance and Employment Service Operations'',
``Employee Benefits Security Administration'', ``Office of
Workers' Compensation Programs'', ``Wage and Hour Division'',
``Office of Federal Contract Compliance Programs'', ``Office of
Labor Management Standards'', ``Occupational Safety and Health
Administration'', ``Mine Safety and Health Administration'',
``Office of Disability Employment Policy'', funding made
available to the ``Bureau of International Labor Affairs'' and
``Women's Bureau'' within the ``Departmental Management,
Salaries and Expenses'' account, and ``Veterans' Employment and
Training''.
Sec. 108. (a) Section 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 207) shall be applied as if the following text
is part of such section:
``(s)(1) The provisions of this section shall not apply for a
period of 2 years after the occurrence of a major disaster to
any employee--
``(A) employed to adjust or evaluate claims
resulting from or relating to such major
disaster, by an employer not engaged, directly
or through an affiliate, in underwriting,
selling, or marketing property, casualty, or
liability insurance policies or contracts;
``(B) who receives from such employer on
average weekly compensation of not less than
$591.00 per week or any minimum weekly amount
established by the Secretary, whichever is
greater, for the number of weeks such employee
is engaged in any of the activities described
in subparagraph (C); and
``(C) whose duties include any of the
following:
``(i) interviewing insured
individuals, individuals who suffered
injuries or other damages or losses
arising from or relating to a disaster,
witnesses, or physicians;
``(ii) inspecting property damage or
reviewing factual information to
prepare damage estimates;
``(iii) evaluating and making
recommendations regarding coverage or
compensability of claims or determining
liability or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations
regarding litigation.
``(2) The exemption in this subsection shall not
affect the exemption provided by section 13(a)(1).
``(3) For purposes of this subsection--
``(A) the term `major disaster' means any
disaster or catastrophe declared or designated
by any State or Federal agency or department;
``(B) the term `employee employed to adjust
or evaluate claims resulting from or relating
to such major disaster' means an individual who
timely secured or secures a license required by
applicable law to engage in and perform the
activities described in clauses (i) through (v)
of paragraph (1)(C) relating to a major
disaster, and is employed by an employer that
maintains worker compensation insurance
coverage or protection for its employees, if
required by applicable law, and withholds
applicable Federal, State, and local income and
payroll taxes from the wages, salaries and any
benefits of such employees; and
``(C) the term `affiliate' means a company
that, by reason of ownership or control of 25
percent or more of the outstanding shares of
any class of voting securities of one or more
companies, directly or indirectly, controls, is
controlled by, or is under common control with,
another company.''.
(b) This section shall be effective on the date of enactment
of this Act.
Sec. 109. (a) Flexibility With Respect to the Crossing of H-
2B Nonimmigrants Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a
petition for H-2B nonimmigrants filed by an employer in
the seafood industry is granted, the employer may bring
the nonimmigrants described in the petition into the
United States at any time during the 120-day period
beginning on the start date for which the employer is
seeking the services of the nonimmigrants without
filing another petition.
(2) Requirements for crossings after 90th day.--An
employer in the seafood industry may not bring H-2B
nonimmigrants into the United States after the date
that is 90 days after the start date for which the
employer is seeking the services of the nonimmigrants
unless the employer--
(A) completes a new assessment of the local
labor market by--
(i) listing job orders in local
newspapers on 2 separate Sundays; and
(ii) posting the job opportunity on
the appropriate Department of Labor
Electronic Job Registry and at the
employer's place of employment; and
(B) offers the job to an equally or better
qualified United States worker who--
(i) applies for the job; and
(ii) will be available at the time
and place of need.
(3) Exemption from rules with respect to
staggering.--The Secretary of Labor shall not consider
an employer in the seafood industry who brings H-2B
nonimmigrants into the United States during the 120-day
period specified in paragraph (1) to be staggering the
date of need in violation of section 655.20(d) of title
20, Code of Federal Regulations, or any other
applicable provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term
``H-2B nonimmigrants'' means aliens admitted to the United
States pursuant to section 101(a)(15)(H)(ii)(B) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(B)).
Sec. 110. The determination of prevailing wage for the
purposes of the H-2B program shall be the greater of--(1) the
actual wage level paid by the employer to other employees with
similar experience and qualifications for such position in the
same location; or (2) the prevailing wage level for the
occupational classification of the position in the geographic
area in which the H-2B nonimmigrant will be employed, based on
the best information available at the time of filing the
petition. In the determination of prevailing wage for the
purposes of the H-2B program, the Secretary shall accept
private wage surveys even in instances where Occupational
Employment Statistics survey data are available unless the
Secretary determines that the methodology and data in the
provided survey are not statistically supported.
Sec. 111. None of the funds in this Act shall be used to
enforce the definition of corresponding employment found in 20
CFR 655.5 or the three-fourths guarantee rule definition found
in 20 CFR 655.20, or any references thereto. Further, for the
purpose of regulating admission of temporary workers under the
H-2B program, the definition of temporary need shall be that
provided in 8 CFR 214.2(h)(6)(ii)(B).
Sec. 112. Notwithstanding any other provision of law, the
Secretary may furnish through grants, cooperative agreements,
contracts, and other arrangements, up to $2,000,000 of excess
personal property, at a value determined by the Secretary, to
apprenticeship programs for the purpose of training apprentices
in those programs.
Sec. 113. (a) The Act entitled ``An Act to create a
Department of Labor'', approved March 4, 1913 (37 Stat. 736,
chapter 141) shall be applied as if the following text is part
of such Act:
``SEC. 12. SECURITY DETAIL.
``(a) In General.--The Secretary of Labor is authorized to
employ law enforcement officers or special agents to--
``(1) provide protection for the Secretary of Labor
during the workday of the Secretary and during any
activity that is preliminary or postliminary to the
performance of official duties by the Secretary;
``(2) provide protection, incidental to the
protection provided to the Secretary, to a member of
the immediate family of the Secretary who is
participating in an activity or event relating to the
official duties of the Secretary;
``(3) provide continuous protection to the Secretary
(including during periods not described in paragraph
(1)) and to the members of the immediate family of the
Secretary if there is a unique and articulable threat
of physical harm, in accordance with guidelines
established by the Secretary; and
``(4) provide protection to the Deputy Secretary of
Labor or another senior officer representing the
Secretary of Labor at a public event if there is a
unique and articulable threat of physical harm, in
accordance with guidelines established by the
Secretary.
``(b) Authorities.--The Secretary of Labor may authorize a
law enforcement officer or special agent employed under
subsection (a), for the purpose of performing the duties
authorized under subsection (a), to--
``(1) carry firearms;
``(2) make arrests without a warrant for any offense
against the United States committed in the presence of
such officer or special agent;
``(3) perform protective intelligence work, including
identifying and mitigating potential threats and
conducting advance work to review security matters
relating to sites and events;
``(4) coordinate with local law enforcement agencies;
and
``(5) initiate criminal and other investigations into
potential threats to the security of the Secretary, in
coordination with the Inspector General of the
Department of Labor.
``(c) Compliance With Guidelines.--A law enforcement officer
or special agent employed under subsection (a) shall exercise
any authority provided under this section in accordance with
any--
``(1) guidelines issued by the Attorney General; and
``(2) guidelines prescribed by the Secretary of
Labor.''.
(b) This section shall be effective on the date of enactment
of this Act.
Sec. 114. The Secretary is authorized to dispose of or
divest, by any means the Secretary determines appropriate,
including an agreement or partnership to construct a new Job
Corps center, all or a portion of the real property on which
the Treasure Island Job Corps Center is situated. Any sale or
other disposition will not be subject to any requirement of any
Federal law or regulation relating to the disposition of
Federal real property, including but not limited to subchapter
III of chapter 5 of title 40 of the United States Code and
subchapter V of chapter 119 of title 42 of the United States
Code. The net proceeds of such a sale shall be transferred to
the Secretary, which shall be available until expended to carry
out the Job Corps Program on Treasure Island.
(rescission)
Sec. 115. (a) Of the unobligated funds available under
section 286(s) of the Immigration and Nationality Act (8 U.S.C.
1356(s)) in an amount that is equal to the amount that became
available on October 1, 2020, pursuant to the temporary
rescission in section 115 of division A of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94),
$150,000,000 are hereby permanently rescinded, as follows:
$75,000,000 from the unobligated funds available under section
286(s)(2) of such Act; $45,000,000 from the unobligated funds
available under section 286(s)(3) of such Act; $15,000,000 from
the unobligated funds available under section 286(s)(4) of such
Act; $7,500,000 from the unobligated funds available under
section 286(s)(5) of such Act; and $7,500,000 from the
unobligated funds available under section 286(s)(6) of such
Act.
(b) Of the unobligated funds available under section
286(s)(2) of the Immigration and Nationality Act (8 U.S.C.
1356(s)(2)), and in addition to the amounts rescinded in
subsection (a), $285,000,000 are hereby permanently rescinded
not later than September 30, 2021.
Sec. 116. None of the funds made available by this Act may
be used to--
(1) alter or terminate the Interagency Agreement
between the United States Department of Labor and the
United States Department of Agriculture; or
(2) close any of the Civilian Conservation Centers,
except if such closure is necessary to prevent the
endangerment of the health and safety of the students,
the capacity of the program is retained, and the
requirements of section 159(j) of the WIOA are met.
Sec. 117. Paragraph (1) under the heading ``Department of
Labor--Veterans Employment and Training'' of title I of
division A of Public Law 116-94 is amended by striking
``obligation by the States through December 31, 2020'' and
inserting ``expenditure by the States through September 30,
2022''.
Sec. 118. The amounts provided by the first proviso
following paragraph (6) under the heading ``Department of
Labor--Employment and Training Administration--State
Unemployment Insurance and Employment Service Operations'' in
title I of this Act are designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
This title may be cited as the ``Department of Labor
Appropriations Act, 2021''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health
Service Act (referred to in this Act as the ``PHS Act'') with
respect to primary health care and the Native Hawaiian Health
Care Act of 1988, $1,683,772,000: Provided, That no more than
$1,000,000 shall be available until expended for carrying out
the provisions of section 224(o) of the PHS Act: Provided
further, That no more than $120,000,000 shall be available
until expended for carrying out subsections (g) through (n) and
(q) of section 224 of the PHS Act, and for expenses incurred by
the Department of Health and Human Services (referred to in
this Act as ``HHS'') pertaining to administrative claims made
under such law.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act
with respect to the health workforce, sections 1128E and 1921
of the Social Security Act, and the Health Care Quality
Improvement Act of 1986, $1,224,006,000: Provided, That
sections 751(j)(2) and 762(k) of the PHS Act and the
proportional funding amounts in paragraphs (1) through (4) of
section 756(f) of the PHS Act shall not apply to funds made
available under this heading: Provided further, That for any
program operating under section 751 of the PHS Act on or before
January 1, 2009, the Secretary of Health and Human Services
(referred to in this title as the ``Secretary'') may hereafter
waive any of the requirements contained in sections
751(d)(2)(A) and 751(d)(2)(B) of such Act for the full project
period of a grant under such section: Provided further, That
no funds shall be available for section 340G-1 of the PHS Act:
Provided further, That fees collected for the disclosure of
information under section 427(b) of the Health Care Quality
Improvement Act of 1986 and sections 1128E(d)(2) and 1921 of
the Social Security Act shall be sufficient to recover the full
costs of operating the programs authorized by such sections and
shall remain available until expended for the National
Practitioner Data Bank: Provided further, That funds
transferred to this account to carry out section 846 and
subpart 3 of part D of title III of the PHS Act may be used to
make prior year adjustments to awards made under such section
and subpart: Provided further, That $120,000,000 shall remain
available until expended for the purposes of providing primary
health services, assigning National Health Service Corps
(``NHSC'') members to expand the delivery of substance use
disorder treatment services, notwithstanding the assignment
priorities and limitations under sections 333(a)(1)(D), 333(b),
and 333A(a)(1)(B)(ii) of the PHS Act, and making payments under
the NHSC Loan Repayment Program under section 338B of such Act:
Provided further, That, within the amount made available in
the previous proviso, $15,000,000 shall remain available until
expended for the purposes of making payments under the NHSC
Loan Repayment Program under section 338B of the PHS Act to
individuals participating in such program who provide primary
health services in Indian Health Service facilities, Tribally-
Operated 638 Health Programs, and Urban Indian Health Programs
(as those terms are defined by the Secretary), notwithstanding
the assignment priorities and limitations under section 333(b)
of such Act: Provided further, That for purposes of the
previous two provisos, section 331(a)(3)(D) of the PHS Act
shall be applied as if the term ``primary health services''
includes clinical substance use disorder treatment services,
including those provided by masters level, licensed substance
use disorder treatment counselors: Provided further, That of
the funds made available under this heading, $5,000,000 shall
be available to make grants to establish or expand optional
community-based nurse practitioner fellowship programs that are
accredited or in the accreditation process, with a preference
for those in Federally Qualified Health Centers, for practicing
postgraduate nurse practitioners in primary care or behavioral
health.
Of the funds made available under this heading, $50,000,000
shall remain available until expended for grants to public
institutions of higher education to expand or support graduate
education for physicians provided by such institutions:
Provided, That, in awarding such grants, the Secretary shall
give priority to public institutions of higher education
located in States with a projected primary care provider
shortage in 2025, as determined by the Secretary: Provided
further, That grants so awarded are limited to such public
institutions of higher education in States in the top quintile
of States with a projected primary care provider shortage in
2025, as determined by the Secretary: Provided further, That
the minimum amount of a grant so awarded to such an institution
shall be not less than $1,000,000 per year: Provided further,
That such a grant may be awarded for a period not to exceed 5
years: Provided further, That amounts made available in this
paragraph shall be awarded as supplemental grants to recipients
of grants awarded for this purpose in fiscal years 2019 and
2020, pursuant to the terms and conditions of each
institution's initial grant agreement, in an amount for each
institution that will result in every institution being awarded
the same total grant amount over fiscal years 2019 through
2021, provided the institution can justify the expenditure of
such funds: Provided further, That such a grant awarded with
respect to a year to such an institution shall be subject to a
matching requirement of non-Federal funds in an amount that is
not less than 10 percent of the total amount of Federal funds
provided in the grant to such institution with respect to such
year.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS Act
with respect to maternal and child health and title V of the
Social Security Act, $975,284,000: Provided, That
notwithstanding sections 502(a)(1) and 502(b)(1) of the Social
Security Act, not more than $139,116,000 shall be available for
carrying out special projects of regional and national
significance pursuant to section 501(a)(2) of such Act and
$10,276,000 shall be available for projects described in
subparagraphs (A) through (F) of section 501(a)(3) of such Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to
the Ryan White HIV/AIDS program, $2,423,781,000, of which
$1,970,881,000 shall remain available to the Secretary through
September 30, 2023, for parts A and B of title XXVI of the PHS
Act, and of which not less than $900,313,000 shall be for State
AIDS Drug Assistance Programs under the authority of section
2616 or 311(c) of such Act; and of which $105,000,000, to
remain available until expended, shall be available to the
Secretary for carrying out a program of grants and contracts
under title XXVI or section 311(c) of such Act focused on
ending the nationwide HIV/AIDS epidemic, with any grants issued
under such section 311(c) administered in conjunction with
title XXVI of the PHS Act, including the limitation on
administrative expenses.
health care systems
For carrying out titles III and XII of the PHS Act with
respect to health care systems, and the Stem Cell Therapeutic
and Research Act of 2005, $129,093,000, of which $122,000 shall
be available until expended for facilities renovations at the
Gillis W. Long Hansen's Disease Center.
rural health
For carrying out titles III and IV of the PHS Act with
respect to rural health, section 427(a) of the Federal Coal
Mine Health and Safety Act of 1969, and sections 711 and 1820
of the Social Security Act, $329,519,000, of which $55,609,000
from general revenues, notwithstanding section 1820(j) of the
Social Security Act, shall be available for carrying out the
Medicare rural hospital flexibility grants program: Provided,
That of the funds made available under this heading for
Medicare rural hospital flexibility grants, $20,942,000 shall
be available for the Small Rural Hospital Improvement Grant
Program for quality improvement and adoption of health
information technology and up to $1,000,000 shall be to carry
out section 1820(g)(6) of the Social Security Act, with funds
provided for grants under section 1820(g)(6) available for the
purchase and implementation of telehealth services, including
pilots and demonstrations on the use of electronic health
records to coordinate rural veterans care between rural
providers and the Department of Veterans Affairs electronic
health record system: Provided further, That notwithstanding
section 338J(k) of the PHS Act, $12,500,000 shall be available
for State Offices of Rural Health: Provided further, That
$10,500,000 shall remain available through September 30, 2023,
to support the Rural Residency Development Program: Provided
further, That $110,000,000 shall be for the Rural Communities
Opioids Response Program.
family planning
For carrying out the program under title X of the PHS Act to
provide for voluntary family planning projects, $286,479,000:
Provided, That amounts provided to said projects under such
title shall not be expended for abortions, that all pregnancy
counseling shall be nondirective, and that such amounts shall
not be expended for any activity (including the publication or
distribution of literature) that in any way tends to promote
public support or opposition to any legislative proposal or
candidate for public office.
program management
For program support in the Health Resources and Services
Administration, $155,300,000: Provided, That funds made
available under this heading may be used to supplement program
support funding provided under the headings ``Primary Health
Care'', ``Health Workforce'', ``Maternal and Child Health'',
``Ryan White HIV/AIDS Program'', ``Health Care Systems'', and
``Rural Health''.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program
Trust Fund (the ``Trust Fund''), such sums as may be necessary
for claims associated with vaccine-related injury or death with
respect to vaccines administered after September 30, 1988,
pursuant to subtitle 2 of title XXI of the PHS Act, to remain
available until expended: Provided, That for necessary
administrative expenses, not to exceed $11,200,000 shall be
available from the Trust Fund to the Secretary.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section
2821 of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education
Assistance Act, with respect to immunization and respiratory
diseases, $448,805,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS
Act with respect to HIV/AIDS, viral hepatitis, sexually
transmitted diseases, and tuberculosis prevention,
$1,314,056,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821
of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education
Assistance Act, with respect to emerging and zoonotic
infectious diseases, $596,272,000: Provided, That of the
amounts made available under this heading, up to $1,000,000
shall remain available until expended to pay for the
transportation, medical care, treatment, and other related
costs of persons quarantined or isolated under Federal or State
quarantine law.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of the
PHS Act with respect to chronic disease prevention and health
promotion, $1,021,714,000: Provided, That funds made available
under this heading may be available for making grants under
section 1509 of the PHS Act for not less than 21 States,
tribes, or tribal organizations: Provided further, That of the
funds made available under this heading, $15,000,000 shall be
available to continue and expand community specific extension
and outreach programs to combat obesity in counties with the
highest levels of obesity: Provided further, That the
proportional funding requirements under section 1503(a) of the
PHS Act shall not apply to funds made available under this
heading.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS Act
with respect to birth defects, developmental disabilities,
disabilities and health, $167,810,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, health informatics,
and workforce development, $591,997,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $205,850,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $682,879,000.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act,
sections 101, 102, 103, 201, 202, 203, 301, and 501 of the
Federal Mine Safety and Health Act, section 13 of the Mine
Improvement and New Emergency Response Act, and sections 20,
21, and 22 of the Occupational Safety and Health Act, with
respect to occupational safety and health, $345,300,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to
remain available until expended: Provided, That this amount
shall be available consistent with the provision regarding
administrative expenses in section 151(b) of division B, title
I of Public Law 106-554.
global health
For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $592,843,000, of which: (1)
$128,421,000 shall remain available through September 30, 2022
for international HIV/AIDS; and (2) $193,400,000 shall remain
available through September 30, 2023 for global disease
detection and emergency response: Provided, That funds may be
used for purchase and insurance of official motor vehicles in
foreign countries.
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act with
respect to public health preparedness and response, and for
expenses necessary to support activities related to countering
potential biological, nuclear, radiological, and chemical
threats to civilian populations, $842,200,000: Provided, That
the Director of the Centers for Disease Control and Prevention
(referred to in this title as ``CDC'') or the Administrator of
the Agency for Toxic Substances and Disease Registry may detail
staff without reimbursement to support an activation of the CDC
Emergency Operations Center, so long as the Director or
Administrator, as applicable, provides a notice to the
Committees on Appropriations of the House of Representatives
and the Senate within 15 days of the use of this authority, a
full report within 30 days after use of this authority which
includes the number of staff and funding level broken down by
the originating center and number of days detailed, and an
update of such report every 180 days until staff are no longer
on detail without reimbursement to the CDC Emergency Operations
Center.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
installation, demolition, and renovation of facilities,
$30,000,000, which shall remain available until September 30,
2025: Provided, That funds made available to this account in
this or any prior Act that are available for the acquisition of
real property or for construction or improvement of facilities
shall be available to make improvements on non-federally owned
property, provided that any improvements that are not adjacent
to federally owned property do not exceed $2,500,000, and that
the primary benefit of such improvements accrues to CDC:
Provided further, That funds previously set-aside by CDC for
repair and upgrade of the Lake Lynn Experimental Mine and
Laboratory shall be used to acquire a replacement mine safety
research facility: Provided further, That in addition, the
prior year unobligated balance of any amounts assigned to
former employees in accounts of CDC made available for
Individual Learning Accounts shall be credited to and merged
with the amounts made available under this heading to support
the replacement of the mine safety research facility.
cdc-wide activities and program support
(including transfer of funds)
For carrying out titles II, III, XVII and XIX, and section
2821 of the PHS Act and for cross-cutting activities and
program support for activities funded in other appropriations
included in this Act for the Centers for Disease Control and
Prevention, $123,570,000: Provided, That paragraphs (1)
through (3) of subsection (b) of section 2821 of the PHS Act
shall not apply to funds appropriated under this heading and in
all other accounts of the CDC: Provided further, That of the
amounts made available under this heading, $10,000,000, to
remain available until expended, shall be available to the
Director of the CDC for deposit in the Infectious Diseases
Rapid Response Reserve Fund established by section 231 of
division B of Public Law 115-245: Provided further, That funds
appropriated under this heading may be used to support a
contract for the operation and maintenance of an aircraft in
direct support of activities throughout CDC to ensure the
agency is prepared to address public health preparedness
emergencies: Provided further, That employees of CDC or the
Public Health Service, both civilian and commissioned officers,
detailed to States, municipalities, or other organizations
under authority of section 214 of the PHS Act, or in overseas
assignments, shall be treated as non-Federal employees for
reporting purposes only and shall not be included within any
personnel ceiling applicable to the Agency, Service, or HHS
during the period of detail or assignment: Provided further,
That CDC may use up to $10,000 from amounts appropriated to CDC
in this Act for official reception and representation expenses
when specifically approved by the Director of CDC: Provided
further, That in addition, such sums as may be derived from
authorized user fees, which shall be credited to the
appropriation charged with the cost thereof: Provided further,
That with respect to the previous proviso, authorized user fees
from the Vessel Sanitation Program and the Respirator
Certification Program shall be available through September 30,
2022.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with
respect to cancer, $6,364,852,000, of which up to $30,000,000
may be used for facilities repairs and improvements at the
National Cancer Institute--Frederick Federally Funded Research
and Development Center in Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act with
respect to cardiovascular, lung, and blood diseases, and blood
and blood products, $3,664,811,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act with
respect to dental and craniofacial diseases, $484,867,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act with
respect to diabetes and digestive and kidney disease,
$2,131,975,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act with
respect to neurological disorders and stroke, $2,463,393,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act with
respect to allergy and infectious diseases, $6,069,619,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with
respect to general medical sciences, $2,991,417,000, of which
$1,271,505,000 shall be from funds available under section 241
of the PHS Act: Provided, That not less than $396,573,000 is
provided for the Institutional Development Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act with
respect to child health and human development, $1,590,337,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act with
respect to eye diseases and visual disorders, $835,714,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with
respect to environmental health sciences, $814,675,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act with
respect to aging, $3,899,227,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act with
respect to arthritis and musculoskeletal and skin diseases,
$634,292,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act with
respect to deafness and other communication disorders,
$498,076,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with
respect to nursing research, $174,957,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act with
respect to alcohol abuse and alcoholism, $554,923,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act with
respect to drug abuse, $1,479,660,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with
respect to mental health, $2,053,708,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with
respect to human genome research, $615,780,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act with
respect to biomedical imaging and bioengineering research,
$410,728,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act with
respect to complementary and integrative health, $154,162,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act with
respect to minority health and health disparities research,
$390,865,000: Provided, That funds may be used to implement a
reorganization that is presented to an advisory council in a
public meeting and for which the Committees on Appropriations
of the House of Representatives and the Senate have been
notified 30 days in advance.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of title
IV of the PHS Act), $84,044,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with
respect to health information communications, $463,787,000:
Provided, That of the amounts available for improvement of
information systems, $4,000,000 shall be available until
September 30, 2022: Provided further, That in fiscal year
2021, the National Library of Medicine may enter into personal
services contracts for the provision of services in facilities
owned, operated, or constructed under the jurisdiction of the
National Institutes of Health (referred to in this title as
``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act with
respect to translational sciences, $855,421,000: Provided,
That up to $60,000,000 shall be available to implement section
480 of the PHS Act, relating to the Cures Acceleration Network:
Provided further, That at least $586,841,000 is provided to
the Clinical and Translational Sciences Awards program.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, NIH, $2,411,110,000: Provided, That funding shall be
available for the purchase of not to exceed 29 passenger motor
vehicles for replacement only: Provided further, That all
funds credited to the NIH Management Fund shall remain
available for one fiscal year after the fiscal year in which
they are deposited: Provided further, That $180,000,000 shall
be for the Environmental Influences on Child Health Outcomes
study: Provided further, That $635,939,000 shall be available
for the Common Fund established under section 402A(c)(1) of the
PHS Act: Provided further, That of the funds provided, $10,000
shall be for official reception and representation expenses
when specifically approved by the Director of the NIH:
Provided further, That the Office of AIDS Research within the
Office of the Director of the NIH may spend up to $8,000,000 to
make grants for construction or renovation of facilities as
provided for in section 2354(a)(5)(B) of the PHS Act: Provided
further, That $50,000,000 shall be used to carry out section
404I of the PHS Act (42 U.S.C. 283K), relating to biomedical
and behavioral research facilities: Provided further, That
$5,000,000 shall be transferred to and merged with the
appropriation for the ``Office of Inspector General'' for
oversight of grant programs and operations of the NIH,
including agency efforts to ensure the integrity of its grant
application evaluation and selection processes, and shall be in
addition to funds otherwise made available for oversight of the
NIH: Provided further, That the funds provided in the previous
proviso may be transferred from one specified activity to
another with 15 days prior approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That the Inspector General shall consult with
the Committees on Appropriations of the House of
Representatives and the Senate before submitting to the
Committees an audit plan for fiscal years 2021 and 2022 no
later than 30 days after the date of enactment of this Act.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000
is appropriated to the Common Fund from the 10-year Pediatric
Research Initiative Fund described in section 9008 of title 26,
United States Code, for the purpose of carrying out section
402(b)(7)(B)(ii) of the PHS Act (relating to pediatric
research), as authorized in the Gabriella Miller Kids First
Research Act.
buildings and facilities
For the study of, construction of, demolition of, renovation
of, and acquisition of equipment for, facilities of or used by
NIH, including the acquisition of real property, $200,000,000,
to remain available through September 30, 2025.
nih innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described in
section 1001(b)(4) of the 21st Century Cures Act, in addition
to amounts available for such purposes in the appropriations
provided to the NIH in this Act, $404,000,000, to remain
available until expended: Provided, That such amounts are
appropriated pursuant to section 1001(b)(3) of such Act, are to
be derived from amounts transferred under section 1001(b)(2)(A)
of such Act, and may be transferred by the Director of the
National Institutes of Health to other accounts of the National
Institutes of Health solely for the purposes provided in such
Act: Provided further, That upon a determination by the
Director that funds transferred pursuant to the previous
proviso are not necessary for the purposes provided, such
amounts may be transferred back to the Account: Provided
further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
by law.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with
respect to mental health, and the Protection and Advocacy for
Individuals with Mental Illness Act, $1,759,236,000: Provided,
That of the funds made available under this heading,
$71,887,000 shall be for the National Child Traumatic Stress
Initiative: Provided further, That notwithstanding section
520A(f)(2) of the PHS Act, no funds appropriated for carrying
out section 520A shall be available for carrying out section
1971 of the PHS Act: Provided further, That in addition to
amounts provided herein, $21,039,000 shall be available under
section 241 of the PHS Act to carry out subpart I of part B of
title XIX of the PHS Act to fund section 1920(b) technical
assistance, national data, data collection and evaluation
activities, and further that the total available under this Act
for section 1920(b) activities shall not exceed 5 percent of
the amounts appropriated for subpart I of part B of title XIX:
Provided further, That of the funds made available under this
heading for subpart I of part B of title XIX of the PHS Act,
$35,000,000 shall be available to support evidence-based crisis
systems: Provided further, That up to 10 percent of the
amounts made available to carry out the Children's Mental
Health Services program may be used to carry out demonstration
grants or contracts for early interventions with persons not
more than 25 years of age at clinical high risk of developing a
first episode of psychosis: Provided further, That section
520E(b)(2) of the PHS Act shall not apply to funds appropriated
in this Act for fiscal year 2021: Provided further, That
States shall expend at least 10 percent of the amount each
receives for carrying out section 1911 of the PHS Act to
support evidence-based programs that address the needs of
individuals with early serious mental illness, including
psychotic disorders, regardless of the age of the individual at
onset: Provided further, That $250,000,000 shall be available
until September 30, 2023 for grants to communities and
community organizations who meet criteria for Certified
Community Behavioral Health Clinics pursuant to section 223(a)
of Public Law 113-93: Provided further, That none of the funds
provided for section 1911 of the PHS Act shall be subject to
section 241 of such Act: Provided further, That of the funds
made available under this heading, $21,000,000 shall be to
carry out section 224 of the Protecting Access to Medicare Act
of 2014 (Public Law 113-93; 42 U.S.C. 290aa 22 note).
substance abuse treatment
For carrying out titles III and V of the PHS Act with respect
to substance abuse treatment and title XIX of such Act with
respect to substance abuse treatment and prevention, and the
SUPPORT for Patients and Communities Act, $3,773,556,000:
Provided, That $1,500,000,000 shall be for State Opioid
Response Grants for carrying out activities pertaining to
opioids and stimulants undertaken by the State agency
responsible for administering the substance abuse prevention
and treatment block grant under subpart II of part B of title
XIX of the PHS Act (42 U.S.C. 300x-21 et seq.): Provided
further, That of such amount $50,000,000 shall be made
available to Indian Tribes or tribal organizations: Provided
further, That 15 percent of the remaining amount shall be for
the States with the highest mortality rate related to opioid
use disorders: Provided further, That of the amounts provided
for State Opioid Response Grants not more than 2 percent shall
be available for Federal administrative expenses, training,
technical assistance, and evaluation: Provided further, That
of the amount not reserved by the previous three provisos, the
Secretary shall make allocations to States, territories, and
the District of Columbia according to a formula using national
survey results that the Secretary determines are the most
objective and reliable measure of drug use and drug-related
deaths: Provided further, That the Secretary shall submit the
formula methodology to the Committees on Appropriations of the
House of Representatives and the Senate not less than 15 days
prior to publishing a Funding Opportunity Announcement:
Provided further, That prevention and treatment activities
funded through such grants may include education, treatment
(including the provision of medication), behavioral health
services for individuals in treatment programs, referral to
treatment services, recovery support, and medical screening
associated with such treatment: Provided further, That each
State, as well as the District of Columbia, shall receive not
less than $4,000,000: Provided further, That in addition to
amounts provided herein, the following amounts shall be
available under section 241 of the PHS Act: (1) $79,200,000 to
carry out subpart II of part B of title XIX of the PHS Act to
fund section 1935(b) technical assistance, national data, data
collection and evaluation activities, and further that the
total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for
subpart II of part B of title XIX; and (2) $2,000,000 to
evaluate substance abuse treatment programs: Provided further,
That none of the funds provided for section 1921 of the PHS Act
or State Opioid Response Grants shall be subject to section 241
of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with respect
to substance abuse prevention, $208,219,000.
health surveillance and program support
For program support and cross-cutting activities that
supplement activities funded under the headings ``Mental
Health'', ``Substance Abuse Treatment'', and ``Substance Abuse
Prevention'' in carrying out titles III, V, and XIX of the PHS
Act and the Protection and Advocacy for Individuals with Mental
Illness Act in the Substance Abuse and Mental Health Services
Administration, $128,830,000: Provided, That in addition to
amounts provided herein, $31,428,000 shall be available under
section 241 of the PHS Act to supplement funds available to
carry out national surveys on drug abuse and mental health, to
collect and analyze program data, and to conduct public
awareness and technical assistance activities: Provided
further, That, in addition, fees may be collected for the costs
of publications, data, data tabulations, and data analysis
completed under title V of the PHS Act and provided to a public
or private entity upon request, which shall be credited to this
appropriation and shall remain available until expended for
such purposes: Provided further, That amounts made available
in this Act for carrying out section 501(o) of the PHS Act
shall remain available through September 30, 2022: Provided
further, That funds made available under this heading may be
used to supplement program support funding provided under the
headings ``Mental Health'', ``Substance Abuse Treatment'', and
``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A of
title XI of the Social Security Act, and section 1013 of the
Medicare Prescription Drug, Improvement, and Modernization Act
of 2003, $338,000,000: Provided, That section 947(c) of the
PHS Act shall not apply in fiscal year 2021: Provided further,
That in addition, amounts received from Freedom of Information
Act fees, reimbursable and interagency agreements, and the sale
of data shall be credited to this appropriation and shall
remain available until September 30, 2022.
Centers for Medicare & Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and
XIX of the Social Security Act, $313,904,098,000, to remain
available until expended.
For making, after May 31, 2021, payments to States under
title XIX or in the case of section 1928 on behalf of States
under title XIX of the Social Security Act for the last quarter
of fiscal year 2021 for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For making payments to States or in the case of section 1928
on behalf of States under title XIX of the Social Security Act
for the first quarter of fiscal year 2022, $148,732,315,000, to
remain available until expended.
Payment under such title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved
in that or any subsequent quarter.
payments to the health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and
the Federal Supplementary Medical Insurance Trust Fund, as
provided under sections 217(g), 1844, and 1860D-16 of the
Social Security Act, sections 103(c) and 111(d) of the Social
Security Amendments of 1965, section 278(d)(3) of Public Law
97-248, and for administrative expenses incurred pursuant to
section 201(g) of the Social Security Act, $439,514,000,000.
In addition, for making matching payments under section 1844
and benefit payments under section 1860D-16 of the Social
Security Act that were not anticipated in budget estimates,
such sums as may be necessary.
program management
For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII and
XXVII of the PHS Act, the Clinical Laboratory Improvement
Amendments of 1988, and other responsibilities of the Centers
for Medicare & Medicaid Services, not to exceed $3,669,744,000,
to be transferred from the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust
Fund, as authorized by section 201(g) of the Social Security
Act; together with all funds collected in accordance with
section 353 of the PHS Act and section 1857(e)(2) of the Social
Security Act, funds retained by the Secretary pursuant to
section 1893(h) of the Social Security Act, and such sums as
may be collected from authorized user fees and the sale of
data, which shall be credited to this account and remain
available until expended: Provided, That all funds derived in
accordance with 31 U.S.C. 9701 from organizations established
under title XIII of the PHS Act shall be credited to and
available for carrying out the purposes of this appropriation:
Provided further, That the Secretary is directed to collect
fees in fiscal year 2021 from Medicare Advantage organizations
pursuant to section 1857(e)(2) of the Social Security Act and
from eligible organizations with risk-sharing contracts under
section 1876 of that Act pursuant to section 1876(k)(4)(D) of
that Act: Provided further, That of the amount made available
under this heading, $397,334,000 shall remain available until
September 30, 2022, and shall be available for the Survey and
Certification Program: Provided further, That amounts
available under this heading to support quality improvement
organizations (as defined in section 1152 of the Social
Security Act) shall not exceed the amount specifically provided
for such purpose under this heading in division H of the
Consolidated Appropriations Act, 2018 (Public Law 115-141).
health care fraud and abuse control account
In addition to amounts otherwise available for program
integrity and program management, $807,000,000, to remain
available through September 30, 2022, to be transferred from
the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund, as authorized by
section 201(g) of the Social Security Act, of which
$616,000,000 shall be for the Centers for Medicare & Medicaid
Services program integrity activities, of which $99,000,000
shall be for the Department of Health and Human Services Office
of Inspector General to carry out fraud and abuse activities
authorized by section 1817(k)(3) of such Act, and of which
$92,000,000 shall be for the Department of Justice to carry out
fraud and abuse activities authorized by section 1817(k)(3) of
such Act: Provided, That the report required by section
1817(k)(5) of the Social Security Act for fiscal year 2021
shall include measures of the operational efficiency and impact
on fraud, waste, and abuse in the Medicare, Medicaid, and CHIP
programs for the funds provided by this appropriation:
Provided further, That of the amount provided under this
heading, $311,000,000 is provided to meet the terms of section
251(b)(2)(C)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, and $496,000,000 is additional
new budget authority specified for purposes of section
251(b)(2)(C) of such Act: Provided further, That the Secretary
shall provide not less than $20,000,000 from amounts made
available under this heading and amounts made available for
fiscal year 2021 under section 1817(k)(3)(A) of the Social
Security Act for the Senior Medicare Patrol program to combat
health care fraud and abuse.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I, IV-
D, X, XI, XIV, and XVI of the Social Security Act and the Act
of July 5, 1960, $3,039,000,000, to remain available until
expended; and for such purposes for the first quarter of fiscal
year 2022, $1,400,000,000, to remain available until expended.
For carrying out, after May 31 of the current fiscal year,
except as otherwise provided, titles I, IV-D, X, XI, XIV, and
XVI of the Social Security Act and the Act of July 5, 1960, for
the last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may
be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of section
2602 of the Low-Income Home Energy Assistance Act of 1981 (42
U.S.C. 8621 et seq.), $3,750,304,000: Provided, That
notwithstanding section 2609A(a) of such Act, not more than
$3,500,000 may be reserved by the Secretary of Health and Human
Services for technical assistance, training, and monitoring of
program activities for compliance with internal controls,
policies and procedures and the Secretary may, in addition to
the authorities provided in section 2609A(a)(1), use such funds
through contracts with private entities that do not qualify as
nonprofit organizations: Provided further, That all but
$760,000,000 of the amount appropriated under this heading
shall be allocated as though the total appropriation for such
payments for fiscal year 2021 was less than $1,975,000,000:
Provided further, That, after applying all applicable
provisions of section 2604 of such Act and the previous
proviso, each State or territory that would otherwise receive
an allocation that is less than 97 percent of the amount that
it received under this heading for fiscal year 2020 from
amounts appropriated in Public Law 116-94 shall have its
allocation increased to that 97 percent level, with the
portions of other States' and territories' allocations that
would exceed 100 percent of the amounts they respectively
received in such fashion for fiscal year 2020 being ratably
reduced.
refugee and entrant assistance
(including transfer of funds)
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980, and for carrying out section 462 of the
Homeland Security Act of 2002, section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008, the Trafficking Victims Protection Act of 2000
(``TVPA''), and the Torture Victims Relief Act of 1998,
$1,910,201,000, of which $1,864,446,000 shall remain available
through September 30, 2023 for carrying out such sections 414,
501, 462, and 235: Provided, That amounts available under this
heading to carry out the TVPA shall also be available for
research and evaluation with respect to activities under such
Act: Provided further, That the limitation in section 205 of
this Act regarding transfers increasing any appropriation shall
apply to transfers to appropriations under this heading by
substituting ``15 percent'' for ``3 percent'': Provided
further, That the contribution of funds requirement under
section 235(c)(6)(C)(iii) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008
shall not apply to funds made available under this heading.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant
Act of 1990 (``CCDBG Act''), $5,911,000,000 shall be used to
supplement, not supplant State general revenue funds for child
care assistance for low-income families: Provided, That
technical assistance under section 658I(a)(3) of such Act may
be provided directly, or through the use of contracts, grants,
cooperative agreements, or interagency agreements: Provided
further, That all funds made available to carry out section 418
of the Social Security Act (42 U.S.C. 618), including funds
appropriated for that purpose in such section 418 or any other
provision of law, shall be subject to the reservation of funds
authority in paragraphs (4) and (5) of section 658O(a) of the
CCDBG Act: Provided further, That in addition to the amounts
required to be reserved by the Secretary under section
658O(a)(2)(A) of such Act, $177,330,000 shall be for Indian
tribes and tribal organizations.
social services block grant
For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That
notwithstanding subparagraph (B) of section 404(d)(2) of such
Act, the applicable percent specified under such subparagraph
for a State to carry out State programs pursuant to title XX-A
of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Head Start Act, the Every Student
Succeeds Act, the Child Abuse Prevention and Treatment Act,
sections 303 and 313 of the Family Violence Prevention and
Services Act, the Native American Programs Act of 1974, title
II of the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978 (adoption opportunities), part B-1 of title
IV and sections 429, 473A, 477(i), 1110, 1114A, and 1115 of the
Social Security Act, and the Community Services Block Grant Act
(``CSBG Act''); and for necessary administrative expenses to
carry out titles I, IV, V, X, XI, XIV, XVI, and XX-A of the
Social Security Act, the Act of July 5, 1960, the Low-Income
Home Energy Assistance Act of 1981, the Child Care and
Development Block Grant Act of 1990, the Assets for
Independence Act, title IV of the Immigration and Nationality
Act, and section 501 of the Refugee Education Assistance Act of
1980, $13,040,511,000, of which $75,000,000, to remain
available through September 30, 2022, shall be for grants to
States for adoption and legal guardianship incentive payments,
as defined by section 473A of the Social Security Act and may
be made for adoptions and legal guardianships completed before
September 30, 2021: Provided, That $10,748,095,000 shall be
for making payments under the Head Start Act, including for
Early Head Start-Child Care Partnerships, and, of which,
notwithstanding section 640 of such Act:
(1) $123,000,000 shall be available for a cost of
living adjustment, and with respect to any continuing
appropriations act, funding available for a cost of
living adjustment shall not be construed as an
authority or condition under this Act;
(2) $25,000,000 shall be available for allocation by
the Secretary to supplement activities described in
paragraphs (7)(B) and (9) of section 641(c) of the Head
Start Act under the Designation Renewal System,
established under the authority of sections 641(c)(7),
645A(b)(12), and 645A(d) of such Act, and such funds
shall not be included in the calculation of ``base
grant'' in subsequent fiscal years, as such term is
used in section 640(a)(7)(A) of such Act;
(3) $10,000,000 shall be available to migrant and
seasonal Head Start programs, in addition to funds made
available for migrant and seasonal Head Start programs
under section 640(a) of the Head Start Act, for the
purposes of quality improvement consistent with section
640(a)(5) of such Act except that any amount of the
funds may be used on any of the activities in such
section 640(a)(5): Provided further, That funds
derived from a migrant and seasonal Head Start program
held by the Secretary as a result of recapturing,
withholding, or reducing a base grant that were unable
to be redistributed consistent with section
641A(h)(6)(A)(ii) of such Act shall be added to the
amount in this paragraph;
(4) $4,000,000 shall be available for the purposes of
maintaining the Tribal Colleges and Universities Head
Start Partnership Program consistent with section
648(g) of such Act; and
(5) $21,000,000 shall be available to supplement
funding otherwise available for research, evaluation,
and Federal administrative costs:
Provided further, That the Secretary may reduce the
reservation of funds under section 640(a)(2)(C) of such Act in
lieu of reducing the reservation of funds under sections
640(a)(2)(B), 640(a)(2)(D), and 640(a)(2)(E) of such Act:
Provided further, That $275,000,000 shall be available until
December 31, 2021 for carrying out sections 9212 and 9213 of
the Every Student Succeeds Act: Provided further, That up to 3
percent of the funds in the preceding proviso shall be
available for technical assistance and evaluation related to
grants awarded under such section 9212: Provided further, That
$775,383,000 shall be for making payments under the CSBG Act:
Provided further, That $30,383,000 shall be for section 680 of
the CSBG Act, of which not less than $20,383,000 shall be for
section 680(a)(2) and not less than $10,000,000 shall be for
section 680(a)(3)(B) of such Act: Provided further, That,
notwithstanding section 675C(a)(3) of the CSBG Act, to the
extent Community Services Block Grant funds are distributed as
grant funds by a State to an eligible entity as provided under
such Act, and have not been expended by such entity, they shall
remain with such entity for carryover into the next fiscal year
for expenditure by such entity consistent with program
purposes: Provided further, That the Secretary shall establish
procedures regarding the disposition of intangible assets and
program income that permit such assets acquired with, and
program income derived from, grant funds authorized under
section 680 of the CSBG Act to become the sole property of such
grantees after a period of not more than 12 years after the end
of the grant period for any activity consistent with section
680(a)(2)(A) of the CSBG Act: Provided further, That
intangible assets in the form of loans, equity investments and
other debt instruments, and program income may be used by
grantees for any eligible purpose consistent with section
680(a)(2)(A) of the CSBG Act: Provided further, That these
procedures shall apply to such grant funds made available after
November 29, 1999: Provided further, That funds appropriated
for section 680(a)(2) of the CSBG Act shall be available for
financing construction and rehabilitation and loans or
investments in private business enterprises owned by community
development corporations: Provided further, That $182,500,000
shall be for carrying out section 303(a) of the Family Violence
Prevention and Services Act, of which $7,000,000 shall be
allocated notwithstanding section 303(a)(2) of such Act for
carrying out section 309 of such Act: Provided further, That
the percentages specified in section 112(a)(2) of the Child
Abuse Prevention and Treatment Act shall not apply to funds
appropriated under this heading: Provided further, That
$1,864,000 shall be for a human services case management system
for federally declared disasters, to include a comprehensive
national case management contract and Federal costs of
administering the system: Provided further, That up to
$2,000,000 shall be for improving the Public Assistance
Reporting Information System, including grants to States to
support data collection for a study of the system's
effectiveness.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436
of the Social Security Act, $345,000,000 and, for carrying out,
except as otherwise provided, section 437 of such Act,
$82,515,000: Provided, That of the funds available to carry
out section 437, $59,765,000 shall be allocated consistent with
subsections (b) through (d) of such section: Provided further,
That of the funds available to carry out section 437, to assist
in meeting the requirements described in section 471(e)(4)(C),
$20,000,000 shall be for grants to each State, territory, and
Indian tribe operating title IV-E plans for developing,
enhancing, or evaluating kinship navigator programs, as
described in section 427(a)(1) of such Act and $2,750,000, in
addition to funds otherwise appropriated in section 476 for
such purposes, shall be for the Family First Clearinghouse:
Provided further, That section 437(b)(1) shall be applied to
amounts in the previous proviso by substituting ``5 percent''
for ``3.3 percent'', and notwithstanding section 436(b)(1),
such reserved amounts may be used for identifying,
establishing, and disseminating practices to meet the criteria
specified in section 471(e)(4)(C): Provided further, That the
reservation in section 437(b)(2) and the limitations in section
437(d) shall not apply to funds specified in the second
proviso: Provided further, That the minimum grant award for
kinship navigator programs in the case of States and
territories shall be $200,000, and, in the case of tribes,
shall be $25,000.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E of
the Social Security Act, $7,012,000,000.
For carrying out, except as otherwise provided, title IV-E of
the Social Security Act, for the first quarter of fiscal year
2022, $3,000,000,000.
For carrying out, after May 31 of the current fiscal year,
except as otherwise provided, section 474 of title IV-E of the
Social Security Act, for the last 3 months of the current
fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965 (``OAA''), the RAISE Family
Caregivers Act, the Supporting Grandparents Raising
Grandchildren Act, titles III and XXIX of the PHS Act, sections
1252 and 1253 of the PHS Act, section 119 of the Medicare
Improvements for Patients and Providers Act of 2008, title XX-B
of the Social Security Act, the Developmental Disabilities
Assistance and Bill of Rights Act, parts 2 and 5 of subtitle D
of title II of the Help America Vote Act of 2002, the Assistive
Technology Act of 1998, titles II and VII (and section 14 with
respect to such titles) of the Rehabilitation Act of 1973, and
for Department-wide coordination of policy and program
activities that assist individuals with disabilities,
$2,206,000,000, together with $52,115,000 to be transferred
from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund to carry out section
4360 of the Omnibus Budget Reconciliation Act of 1990:
Provided, That amounts appropriated under this heading may be
used for grants to States under section 361 of the OAA only for
disease prevention and health promotion programs and activities
which have been demonstrated through rigorous evaluation to be
evidence-based and effective: Provided further, That of
amounts made available under this heading to carry out sections
311, 331, and 336 of the OAA, up to one percent of such amounts
shall be available for developing and implementing evidence-
based practices for enhancing senior nutrition, including
medically-tailored meals: Provided further, That
notwithstanding any other provision of this Act, funds made
available under this heading to carry out section 311 of the
OAA may be transferred to the Secretary of Agriculture in
accordance with such section: Provided further, That
$2,000,000 shall be for competitive grants to support
alternative financing programs that provide for the purchase of
assistive technology devices, such as a low-interest loan fund;
an interest buy-down program; a revolving loan fund; a loan
guarantee; or an insurance program: Provided further, That
applicants shall provide an assurance that, and information
describing the manner in which, the alternative financing
program will expand and emphasize consumer choice and control:
Provided further, That State agencies and community-based
disability organizations that are directed by and operated for
individuals with disabilities shall be eligible to compete:
Provided further, That none of the funds made available under
this heading may be used by an eligible system (as defined in
section 102 of the Protection and Advocacy for Individuals with
Mental Illness Act (42 U.S.C. 10802)) to continue to pursue any
legal action in a Federal or State court on behalf of an
individual or group of individuals with a developmental
disability (as defined in section 102(8)(A) of the
Developmental Disabilities and Assistance and Bill of Rights
Act of 2000 (20 U.S.C. 15002(8)(A)) that is attributable to a
mental impairment (or a combination of mental and physical
impairments), that has as the requested remedy the closure of
State operated intermediate care facilities for people with
intellectual or developmental disabilities, unless reasonable
public notice of the action has been provided to such
individuals (or, in the case of mental incapacitation, the
legal guardians who have been specifically awarded authority by
the courts to make healthcare and residential decisions on
behalf of such individuals) who are affected by such action,
within 90 days of instituting such legal action, which informs
such individuals (or such legal guardians) of their legal
rights and how to exercise such rights consistent with current
Federal Rules of Civil Procedure: Provided further, That the
limitations in the immediately preceding proviso shall not
apply in the case of an individual who is neither competent to
consent nor has a legal guardian, nor shall the proviso apply
in the case of individuals who are a ward of the State or
subject to public guardianship.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor
vehicles, and for carrying out titles III, XVII, XXI, and
section 229 of the PHS Act, the United States-Mexico Border
Health Commission Act, and research studies under section 1110
of the Social Security Act, $485,794,000, together with
$64,828,000 from the amounts available under section 241 of the
PHS Act to carry out national health or human services research
and evaluation activities: Provided, That of this amount,
$55,400,000 shall be for minority AIDS prevention and treatment
activities: Provided further, That of the funds made available
under this heading, $101,000,000 shall be for making
competitive contracts and grants to public and private entities
to fund medically accurate and age appropriate programs that
reduce teen pregnancy and for the Federal costs associated with
administering and evaluating such contracts and grants, of
which not more than 10 percent of the available funds shall be
for training and technical assistance, evaluation, outreach,
and additional program support activities, and of the remaining
amount 75 percent shall be for replicating programs that have
been proven effective through rigorous evaluation to reduce
teenage pregnancy, behavioral risk factors underlying teenage
pregnancy, or other associated risk factors, and 25 percent
shall be available for research and demonstration grants to
develop, replicate, refine, and test additional models and
innovative strategies for preventing teenage pregnancy:
Provided further, That of the amounts provided under this
heading from amounts available under section 241 of the PHS
Act, $6,800,000 shall be available to carry out evaluations
(including longitudinal evaluations) of teenage pregnancy
prevention approaches: Provided further, That of the funds
made available under this heading, $35,000,000 shall be for
making competitive grants which exclusively implement education
in sexual risk avoidance (defined as voluntarily refraining
from non-marital sexual activity): Provided further, That
funding for such competitive grants for sexual risk avoidance
shall use medically accurate information referenced to peer-
reviewed publications by educational, scientific, governmental,
or health organizations; implement an evidence-based approach
integrating research findings with practical implementation
that aligns with the needs and desired outcomes for the
intended audience; and teach the benefits associated with self-
regulation, success sequencing for poverty prevention, healthy
relationships, goal setting, and resisting sexual coercion,
dating violence, and other youth risk behaviors such as
underage drinking or illicit drug use without normalizing teen
sexual activity: Provided further, That no more than 10
percent of the funding for such competitive grants for sexual
risk avoidance shall be available for technical assistance and
administrative costs of such programs: Provided further, That
funds provided in this Act for embryo adoption activities may
be used to provide to individuals adopting embryos, through
grants and other mechanisms, medical and administrative
services deemed necessary for such adoptions: Provided
further, That such services shall be provided consistent with
42 CFR 59.5(a)(4): Provided further, That of the funds made
available under this heading, $5,000,000 shall be for carrying
out prize competitions sponsored by the Office of the Secretary
to accelerate innovation in the prevention, diagnosis, and
treatment of kidney diseases (as authorized by section 24 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3719)).
medicare hearings and appeals
For expenses necessary for Medicare hearings and appeals in
the Office of the Secretary, $191,881,000 shall remain
available until September 30, 2022, to be transferred in
appropriate part from the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National
Coordinator for Health Information Technology, including
grants, contracts, and cooperative agreements for the
development and advancement of interoperable health information
technology, $62,367,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for
investigations, in carrying out the provisions of the Inspector
General Act of 1978, $80,000,000: Provided, That of such
amount, necessary sums shall be available for providing
protective services to the Secretary and investigating non-
payment of child support cases for which non-payment is a
Federal offense under 18 U.S.C. 228.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$38,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for
payments under the Retired Serviceman's Family Protection Plan
and Survivor Benefit Plan, and for medical care of dependents
and retired personnel under the Dependents' Medical Care Act,
such amounts as may be required during the current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to
countering potential biological, nuclear, radiological,
chemical, and cybersecurity threats to civilian populations,
and for other public health emergencies, $1,085,458,000, of
which $596,700,000 shall remain available through September 30,
2022, for expenses necessary to support advanced research and
development pursuant to section 319L of the PHS Act and other
administrative expenses of the Biomedical Advanced Research and
Development Authority: Provided, That funds provided under
this heading for the purpose of acquisition of security
countermeasures shall be in addition to any other funds
available for such purpose: Provided further, That products
purchased with funds provided under this heading may, at the
discretion of the Secretary, be deposited in the Strategic
National Stockpile pursuant to section 319F-2 of the PHS Act:
Provided further, That $5,000,000 of the amounts made available
to support emergency operations shall remain available through
September 30, 2023.
For expenses necessary for procuring security countermeasures
(as defined in section 319F-2(c)(1)(B) of the PHS Act),
$770,000,000, to remain available until expended.
For expenses necessary to carry out section 319F-2(a) of the
PHS Act, $705,000,000, to remain available until expended.
For an additional amount for expenses necessary to prepare
for or respond to an influenza pandemic, $287,000,000; of which
$252,000,000 shall be available until expended, for activities
including the development and purchase of vaccine, antivirals,
necessary medical supplies, diagnostics, and other surveillance
tools: Provided, That notwithstanding section 496(b) of the
PHS Act, funds may be used for the construction or renovation
of privately owned facilities for the production of pandemic
influenza vaccines and other biologics, if the Secretary finds
such construction or renovation necessary to secure sufficient
supplies of such vaccines or biologics.
General Provisions
Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception and
representation expenses when specifically approved by the
Secretary.
Sec. 202. None of the funds appropriated in this title shall
be used to pay the salary of an individual, through a grant or
other extramural mechanism, at a rate in excess of Executive
Level II: Provided, That none of the funds appropriated in
this title shall be used to prevent the NIH from paying up to
100 percent of the salary of an individual at this rate.
Sec. 203. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the PHS Act, except for
funds specifically provided for in this Act, or for other taps
and assessments made by any office located in HHS, prior to the
preparation and submission of a report by the Secretary to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the planned uses of such funds.
Sec. 204. Notwithstanding section 241(a) of the PHS Act,
such portion as the Secretary shall determine, but not more
than 2.5 percent, of any amounts appropriated for programs
authorized under such Act shall be made available for the
evaluation (directly, or by grants or contracts) and the
implementation and effectiveness of programs funded in this
title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year
for HHS in this Act may be transferred between appropriations,
but no such appropriation shall be increased by more than 3
percent by any such transfer: Provided, That the transfer
authority granted by this section shall not be used to create
any new program or to fund any project or activity for which no
funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of any
transfer.
Sec. 206. In lieu of the timeframe specified in section
338E(c)(2) of the PHS Act, terminations described in such
section may occur up to 60 days after the effective date of a
contract awarded in fiscal year 2021 under section 338B of such
Act, or at any time if the individual who has been awarded such
contract has not received funds due under the contract.
Sec. 207. None of the funds appropriated in this Act may be
made available to any entity under title X of the PHS Act
unless the applicant for the award certifies to the Secretary
that it encourages family participation in the decision of
minors to seek family planning services and that it provides
counseling to minors on how to resist attempts to coerce minors
into engaging in sexual activities.
Sec. 208. Notwithstanding any other provision of law, no
provider of services under title X of the PHS Act shall be
exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse,
rape, or incest.
Sec. 209. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used to
carry out the Medicare Advantage program if the Secretary
denies participation in such program to an otherwise eligible
entity (including a Provider Sponsored Organization) because
the entity informs the Secretary that it will not provide, pay
for, provide coverage of, or provide referrals for abortions:
Provided, That the Secretary shall make appropriate prospective
adjustments to the capitation payment to such an entity (based
on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided
further, That nothing in this section shall be construed to
change the Medicare program's coverage for such services and a
Medicare Advantage organization described in this section shall
be responsible for informing enrollees where to obtain
information about all Medicare covered services.
Sec. 210. None of the funds made available in this title may
be used, in whole or in part, to advocate or promote gun
control.
Sec. 211. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency for
International Development, the United Nations International
Children's Emergency Fund or the World Health Organization.
Sec. 212. In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease,
chronic and environmental disease, and other health activities
abroad during fiscal year 2021:
(1) The Secretary may exercise authority equivalent
to that available to the Secretary of State in section
2(c) of the State Department Basic Authorities Act of
1956. The Secretary shall consult with the Secretary of
State and relevant Chief of Mission to ensure that the
authority provided in this section is exercised in a
manner consistent with section 207 of the Foreign
Service Act of 1980 and other applicable statutes
administered by the Department of State.
(2) The Secretary is authorized to provide such funds
by advance or reimbursement to the Secretary of State
as may be necessary to pay the costs of acquisition,
lease, alteration, renovation, and management of
facilities outside of the United States for the use of
HHS. The Department of State shall cooperate fully with
the Secretary to ensure that HHS has secure, safe,
functional facilities that comply with applicable
regulation governing location, setback, and other
facilities requirements and serve the purposes
established by this Act. The Secretary is authorized,
in consultation with the Secretary of State, through
grant or cooperative agreement, to make available to
public or nonprofit private institutions or agencies in
participating foreign countries, funds to acquire,
lease, alter, or renovate facilities in those countries
as necessary to conduct programs of assistance for
international health activities, including activities
relating to HIV/AIDS and other infectious diseases,
chronic and environmental diseases, and other health
activities abroad.
(3) The Secretary is authorized to provide to
personnel appointed or assigned by the Secretary to
serve abroad, allowances and benefits similar to those
provided under chapter 9 of title I of the Foreign
Service Act of 1980, and 22 U.S.C. 4081 through 4086
and subject to such regulations prescribed by the
Secretary. The Secretary is further authorized to
provide locality-based comparability payments (stated
as a percentage) up to the amount of the locality-based
comparability payment (stated as a percentage) that
would be payable to such personnel under section 5304
of title 5, United States Code if such personnel's
official duty station were in the District of Columbia.
Leaves of absence for personnel under this subsection
shall be on the same basis as that provided under
subchapter I of chapter 63 of title 5, United States
Code, or section 903 of the Foreign Service Act of
1980, to individuals serving in the Foreign Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the Director
of the Office of AIDS Research, may transfer up to 3 percent
among institutes and centers from the total amounts identified
by these two Directors as funding for research pertaining to
the human immunodeficiency virus: Provided, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of any
transfer.
(transfer of funds)
Sec. 214. Of the amounts made available in this Act for NIH,
the amount for research related to the human immunodeficiency
virus, as jointly determined by the Director of NIH and the
Director of the Office of AIDS Research, shall be made
available to the ``Office of AIDS Research'' account. The
Director of the Office of AIDS Research shall transfer from
such account amounts necessary to carry out section 2353(d)(3)
of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other provision
of law, the Director of NIH (``Director'') may use funds
authorized under section 402(b)(12) of the PHS Act to enter
into transactions (other than contracts, cooperative
agreements, or grants) to carry out research identified
pursuant to or research and activities described in such
section 402(b)(12).
(b) Peer Review.--In entering into transactions under
subsection (a), the Director may utilize such peer review
procedures (including consultation with appropriate scientific
experts) as the Director determines to be appropriate to obtain
assessments of scientific and technical merit. Such procedures
shall apply to such transactions in lieu of the peer review and
advisory council review procedures that would otherwise be
required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2),
406(a)(3)(A), 492, and 494 of the PHS Act.
Sec. 216. Not to exceed $45,000,000 of funds appropriated by
this Act to the institutes and centers of the National
Institutes of Health may be used for alteration, repair, or
improvement of facilities, as necessary for the proper and
efficient conduct of the activities authorized herein, at not
to exceed $3,500,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent
of the amount made available for National Research Service
Awards (``NRSA'') shall be made available to the Administrator
of the Health Resources and Services Administration to make
NRSA awards for research in primary medical care to individuals
affiliated with entities who have received grants or contracts
under sections 736, 739, or 747 of the PHS Act, and 1 percent
of the amount made available for NRSA shall be made available
to the Director of the Agency for Healthcare Research and
Quality to make NRSA awards for health service research.
Sec. 218. (a) The Biomedical Advanced Research and
Development Authority (``BARDA'') may enter into a contract,
for more than one but no more than 10 program years, for
purchase of research services or of security countermeasures,
as that term is defined in section 319F-2(c)(1)(B) of the PHS
Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or
for the first fiscal year in which the contract
is in effect; and
(B) for the estimated costs associated with a
necessary termination of the contract; and
(2) the Secretary determines that a multi-year
contract will serve the best interests of the Federal
Government by encouraging full and open competition or
promoting economy in administration, performance, and
operation of BARDA's programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described
by subsection (c) of section 3903 of title 41, United
States Code; and
(2) shall be subject to the congressional notice
requirement stated in subsection (d) of such section.
Sec. 219. (a) The Secretary shall publish in the fiscal year
2022 budget justification and on Departmental Web sites
information concerning the employment of full-time equivalent
Federal employees or contractors for the purposes of
implementing, administering, enforcing, or otherwise carrying
out the provisions of the ACA, and the amendments made by that
Act, in the proposed fiscal year and each fiscal year since the
enactment of the ACA.
(b) With respect to employees or contractors supported by all
funds appropriated for purposes of carrying out the ACA (and
the amendments made by that Act), the Secretary shall include,
at a minimum, the following information:
(1) For each such fiscal year, the section of such
Act under which such funds were appropriated, a
statement indicating the program, project, or activity
receiving such funds, the Federal operating division or
office that administers such program, and the amount of
funding received in discretionary or mandatory
appropriations.
(2) For each such fiscal year, the number of full-
time equivalent employees or contracted employees
assigned to each authorized and funded provision
detailed in accordance with paragraph (1).
(c) In carrying out this section, the Secretary may exclude
from the report employees or contractors who--
(1) are supported through appropriations enacted in
laws other than the ACA and work on programs that
existed prior to the passage of the ACA;
(2) spend less than 50 percent of their time on
activities funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not
a requirement of their contract, such as fixed-price
contracts.
Sec. 220. The Secretary shall publish, as part of the fiscal
year 2022 budget of the President submitted under section
1105(a) of title 31, United States Code, information that
details the uses of all funds used by the Centers for Medicare
& Medicaid Services specifically for Health Insurance Exchanges
for each fiscal year since the enactment of the ACA and the
proposed uses for such funds for fiscal year 2022. Such
information shall include, for each such fiscal year, the
amount of funds used for each activity specified under the
heading ``Health Insurance Exchange Transparency'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Sec. 221. None of the funds made available by this Act from
the Federal Hospital Insurance Trust Fund or the Federal
Supplemental Medical Insurance Trust Fund, or transferred from
other accounts funded by this Act to the ``Centers for Medicare
& Medicaid Services--Program Management'' account, may be used
for payments under section 1342(b)(1) of Public Law 111-148
(relating to risk corridors).
(transfer of funds)
Sec. 222. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section 4002
of the ACA to the accounts specified, in the amounts specified,
and for the activities specified under the heading ``Prevention
and Public Health Fund'' in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
(b) Notwithstanding section 4002(c) of the ACA, the Secretary
may not further transfer these amounts.
(c) Funds transferred for activities authorized under section
2821 of the PHS Act shall be made available without reference
to section 2821(b) of such Act.
Sec. 223. Effective during the period beginning on November
1, 2015 and ending January 1, 2023, any provision of law that
refers (including through cross-reference to another provision
of law) to the current recommendations of the United States
Preventive Services Task Force with respect to breast cancer
screening, mammography, and prevention shall be administered by
the Secretary involved as if--
(1) such reference to such current recommendations
were a reference to the recommendations of such Task
Force with respect to breast cancer screening,
mammography, and prevention last issued before 2009;
and
(2) such recommendations last issued before 2009
applied to any screening mammography modality under
section 1861(jj) of the Social Security Act (42 U.S.C.
1395x(jj)).
Sec. 224. In making Federal financial assistance, the
provisions relating to indirect costs in part 75 of title 45,
Code of Federal Regulations, including with respect to the
approval of deviations from negotiated rates, shall continue to
apply to the National Institutes of Health to the same extent
and in the same manner as such provisions were applied in the
third quarter of fiscal year 2017. None of the funds
appropriated in this or prior Acts or otherwise made available
to the Department of Health and Human Services or to any
department or agency may be used to develop or implement a
modified approach to such provisions, or to intentionally or
substantially expand the fiscal effect of the approval of such
deviations from negotiated rates beyond the proportional effect
of such approvals in such quarter.
(transfer of funds)
Sec. 225. The NIH Director may transfer funds for opioid
addiction, opioid alternatives, stimulant misuse and addiction,
pain management, and addiction treatment to other Institutes
and Centers of the NIH to be used for the same purpose 15 days
after notifying the Committees on Appropriations of the House
of Representatives and the Senate: Provided, That the transfer
authority provided in the previous proviso is in addition to
any other transfer authority provided by law.
Sec. 226. (a) The Secretary shall provide to the Committees
on Appropriations of the House of Representatives and the
Senate:
(1) Detailed monthly enrollment figures from the
Exchanges established under the Patient Protection and
Affordable Care Act of 2010 pertaining to enrollments
during the open enrollment period; and
(2) Notification of any new or competitive grant
awards, including supplements, authorized under section
330 of the Public Health Service Act.
(b) The Committees on Appropriations of the House and Senate
must be notified at least 2 business days in advance of any
public release of enrollment information or the award of such
grants.
Sec. 227. In addition to the amounts otherwise available for
``Centers for Medicare & Medicaid Services, Program
Management'', the Secretary of Health and Human Services may
transfer up to $305,000,000 to such account from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund to support program management
activity related to the Medicare Program: Provided, That
except for the foregoing purpose, such funds may not be used to
support any provision of Public Law 111-148 or Public Law 111-
152 (or any amendment made by either such Public Law) or to
supplant any other amounts within such account.
Sec. 228. The Department of Health and Human Services shall
provide the Committees on Appropriations of the House of
Representatives and Senate a biannual report 30 days after
enactment of this Act on staffing described in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Sec. 229. Funds appropriated in this Act that are available
for salaries and expenses of employees of the Department of
Health and Human Services shall also be available to pay travel
and related expenses of such an employee or of a member of his
or her family, when such employee is assigned to duty, in the
United States or in a U.S. territory, during a period and in a
location that are the subject of a determination of a public
health emergency under section 319 of the Public Health Service
Act and such travel is necessary to obtain medical care for an
illness, injury, or medical condition that cannot be adequately
addressed in that location at that time. For purposes of this
section, the term ``U.S. territory'' means Guam, the
Commonwealth of Puerto Rico, the Northern Mariana Islands, the
Virgin Islands, American Samoa, or the Trust Territory of the
Pacific Islands.
Sec. 230. The Department of Health and Human Services may
accept donations from the private sector, nongovernmental
organizations, and other groups independent of the Federal
Government for the care of unaccompanied alien children (as
defined in section 462(g)(2) of the Homeland Security Act of
2002 (6 U.S.C. 279(g)(2))) in the care of the Office of Refugee
Resettlement of the Administration for Children and Families,
including medical goods and services, which may include early
childhood developmental screenings, school supplies, toys,
clothing, and any other items intended to promote the wellbeing
of such children.
Sec. 231. (a) None of the funds provided by this or any prior
appropriations Act may be used to reverse changes in procedures
made by operational directives issued to providers by the
Office of Refugee Resettlement on December 18, 2018, March 23,
2019, and June 10, 2019 regarding the Memorandum of Agreement
on Information Sharing executed April 13, 2018.
(b) Notwithstanding subsection (a), the Secretary may make
changes to such operational directives upon making a
determination that such changes are necessary to prevent
unaccompanied alien children from being placed in danger, and
the Secretary shall provide a written justification to Congress
and the Inspector General of the Department of Health and Human
Services in advance of implementing such changes.
(c) Within 15 days of the Secretary's communication of the
justification, the Inspector General of the Department of
Health and Human Services shall provide an assessment, in
writing, to the Secretary and to the Committees on
Appropriations of the House of Representatives and the Senate
of whether such changes to operational directives are necessary
to prevent unaccompanied children from being placed in danger.
Sec. 232. None of the funds made available in this Act under
the heading ``Department of Health and Human Services--
Administration for Children and Families--Refugee and Entrant
Assistance'' may be obligated to a grantee or contractor to
house unaccompanied alien children (as such term is defined in
section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2))) in any facility that is not State-licensed
for the care of unaccompanied alien children, except in the
case that the Secretary determines that housing unaccompanied
alien children in such a facility is necessary on a temporary
basis due to an influx of such children or an emergency,
provided that--
(1) the terms of the grant or contract for the
operations of any such facility that remains in
operation for more than six consecutive months shall
require compliance with--
(A) the same requirements as licensed
placements, as listed in Exhibit 1 of the
Flores Settlement Agreement that the Secretary
determines are applicable to non-State licensed
facilities; and
(B) staffing ratios of one (1) on-duty Youth
Care Worker for every eight (8) children or
youth during waking hours, one (1) on-duty
Youth Care Worker for every sixteen (16)
children or youth during sleeping hours, and
clinician ratios to children (including mental
health providers) as required in grantee
cooperative agreements;
(2) the Secretary may grant a 60-day waiver for a
contractor's or grantee's non-compliance with paragraph
(1) if the Secretary certifies and provides a report to
Congress on the contractor's or grantee's good-faith
efforts and progress towards compliance;
(3) not more than four consecutive waivers under
paragraph (2) may be granted to a contractor or grantee
with respect to a specific facility;
(4) ORR shall ensure full adherence to the monitoring
requirements set forth in section 5.5 of its Policies
and Procedures Guide as of May 15, 2019;
(5) for any such unlicensed facility in operation for
more than three consecutive months, ORR shall conduct a
minimum of one comprehensive monitoring visit during
the first three months of operation, with quarterly
monitoring visits thereafter; and
(6) not later than 60 days after the date of
enactment of this Act, ORR shall brief the Committees
on Appropriations of the House of Representatives and
the Senate outlining the requirements of ORR for influx
facilities including any requirement listed in
paragraph (1)(A) that the Secretary has determined are
not applicable to non-State licensed facilities.
Sec. 233. In addition to the existing Congressional
notification for formal site assessments of potential influx
facilities, the Secretary shall notify the Committees on
Appropriations of the House of Representatives and the Senate
at least 15 days before operationalizing an unlicensed
facility, and shall (1) specify whether the facility is hard-
sided or soft-sided, and (2) provide analysis that indicates
that, in the absence of the influx facility, the likely outcome
is that unaccompanied alien children will remain in the custody
of the Department of Homeland Security for longer than 72 hours
or that unaccompanied alien children will be otherwise placed
in danger. Within 60 days of bringing such a facility online,
and monthly thereafter, the Secretary shall provide to the
Committees on Appropriations of the House of Representatives
and the Senate a report detailing the total number of children
in care at the facility, the average length of stay and average
length of care of children at the facility, and, for any child
that has been at the facility for more than 60 days, their
length of stay and reason for delay in release.
Sec. 234. None of the funds made available in this Act may
be used to prevent a United States Senator or Member of the
House of Representatives from entering, for the purpose of
conducting oversight, any facility in the United States used
for the purpose of maintaining custody of, or otherwise
housing, unaccompanied alien children (as defined in section
462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.
279(g)(2))), provided that such Senator or Member has
coordinated the oversight visit with the Office of Refugee
Resettlement not less than two business days in advance to
ensure that such visit would not interfere with the operations
(including child welfare and child safety operations) of such
facility.
Sec. 235. Not later than 14 days after the date of enactment
of this Act, and monthly thereafter, the Secretary shall submit
to the Committees on Appropriations of the House of
Representatives and the Senate, and make publicly available
online, a report with respect to children who were separated
from their parents or legal guardians by the Department of
Homeland Security (DHS) (regardless of whether or not such
separation was pursuant to an option selected by the children,
parents, or guardians), subsequently classified as
unaccompanied alien children, and transferred to the care and
custody of ORR during the previous month. Each report shall
contain the following information:
(1) the number and ages of children so separated
subsequent to apprehension at or between ports of
entry, to be reported by sector where separation
occurred; and
(2) the documented cause of separation, as reported
by DHS when each child was referred.
Sec. 236. Funds appropriated in this Act that are available
for salaries and expenses of employees of the Centers for
Disease Control and Prevention shall also be available for the
primary and secondary schooling of eligible dependents of
personnel stationed in a U.S. territory as defined in section
229 of this Act at costs not in excess of those paid for or
reimbursed by the Department of Defense.
Sec. 237. Of the unobligated balances available in fiscal
year 2021 in the ``Nonrecurring Expenses Fund'' established in
section 223 of division G of Public Law 110-161, $225,000,000,
in addition to any funds otherwise made available for such
purposes in this, prior, or subsequent fiscal years, shall be
available during the period of availability of the Fund for the
study of, construction of, demolition of, renovation of, and
acquisition of equipment for, facilities of or used by the
National Institutes of Health, including the acquisition of
real property.
(rescission)
Sec. 238. Of the unobligated balances in the ``Nonrecurring
Expenses Fund'' established in section 223 of division G of
Public Law 110-161, $375,000,000 are hereby rescinded not later
than September 30, 2021.
Sec. 239. (a) The Chamblee Research Support Building
(Building 108) at the Centers for Disease Control and
Prevention is hereby renamed as the Johnny Isakson Public
Health Research Building.
(b) Section 238 of division A of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) is amended by
inserting ``during the period of availability of the Fund''
after ``shall be available'' and by inserting ``moving
expenses,'' after ``renovation of facilities,''.
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2021''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I and subpart 2 of part B of title II
of the Elementary and Secondary Education Act of 1965 (referred
to in this Act as ``ESEA'') and section 418A of the Higher
Education Act of 1965 (referred to in this Act as ``HEA''),
$17,226,790,000, of which $6,306,490,000 shall become available
on July 1, 2021, and shall remain available through September
30, 2022, and of which $10,841,177,000 shall become available
on October 1, 2021, and shall remain available through
September 30, 2022, for academic year 2021-2022: Provided,
That $6,459,401,000 shall be for basic grants under section
1124 of the ESEA: Provided further, That up to $5,000,000 of
these funds shall be available to the Secretary of Education
(referred to in this title as ``Secretary'') on October 1,
2020, to obtain annually updated local educational agency-level
census poverty data from the Bureau of the Census: Provided
further, That $1,362,301,000 shall be for concentration grants
under section 1124A of the ESEA: Provided further, That
$4,357,550,000 shall be for targeted grants under section 1125
of the ESEA: Provided further, That $4,357,550,000 shall be
for education finance incentive grants under section 1125A of
the ESEA: Provided further, That $220,000,000 shall be for
carrying out subpart 2 of part B of title II: Provided
further, That $46,123,000 shall be for carrying out section
418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to
federally affected schools authorized by title VII of the ESEA,
$1,501,112,000, of which $1,354,242,000 shall be for basic
support payments under section 7003(b), $48,316,000 shall be
for payments for children with disabilities under section
7003(d), $17,406,000, to remain available through September 30,
2022, shall be for construction under section 7007(b),
$76,313,000 shall be for Federal property payments under
section 7002, and $4,835,000, to remain available until
expended, shall be for facilities maintenance under section
7008: Provided, That for purposes of computing the amount of a
payment for an eligible local educational agency under section
7003(a) for school year 2020-2021, children enrolled in a
school of such agency that would otherwise be eligible for
payment under section 7003(a)(1)(B) of such Act, but due to the
deployment of both parents or legal guardians, or a parent or
legal guardian having sole custody of such children, or due to
the death of a military parent or legal guardian while on
active duty (so long as such children reside on Federal
property as described in section 7003(a)(1)(B)), are no longer
eligible under such section, shall be considered as eligible
students under such section, provided such students remain in
average daily attendance at a school in the same local
educational agency they attended prior to their change in
eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by
part B of title I, part A of title II, subpart 1 of part A of
title IV, part B of title IV, part B of title V, and parts B
and C of title VI of the ESEA; the McKinney-Vento Homeless
Assistance Act; section 203 of the Educational Technical
Assistance Act of 2002; the Compact of Free Association
Amendments Act of 2003; and the Civil Rights Act of 1964,
$5,444,217,000, of which $3,613,652,000 shall become available
on July 1, 2021, and remain available through September 30,
2022, and of which $1,681,441,000 shall become available on
October 1, 2021, and shall remain available through September
30, 2022, for academic year 2021-2022: Provided, That
$378,000,000 shall be for part B of title I: Provided further,
That $1,259,673,000 shall be for part B of title IV: Provided
further, That $37,397,000 shall be for part B of title VI,
which may be used for construction, renovation, and
modernization of any public elementary school, secondary
school, or structure related to a public elementary school or
secondary school that serves a predominantly Native Hawaiian
student body, and that the 5 percent limitation in section
6205(b) of the ESEA on the use of funds for administrative
purposes shall apply only to direct administrative costs:
Provided further, That $36,453,000 shall be for part C of title
VI, which shall be awarded on a competitive basis, and may be
used for construction, and that the 5 percent limitation in
section 6305 of the ESEA on the use of funds for administrative
purposes shall apply only to direct administrative costs:
Provided further, That $52,000,000 shall be available to carry
out section 203 of the Educational Technical Assistance Act of
2002 and the Secretary shall make such arrangements as
determined to be necessary to ensure that the Bureau of Indian
Education has access to services provided under this section:
Provided further, That $16,699,000 shall be available to carry
out the Supplemental Education Grants program for the Federated
States of Micronesia and the Republic of the Marshall Islands:
Provided further, That the Secretary may reserve up to 5
percent of the amount referred to in the previous proviso to
provide technical assistance in the implementation of these
grants: Provided further, That $187,840,000 shall be for part
B of title V: Provided further, That $1,220,000,000 shall be
available for grants under subpart 1 of part A of title IV.
Indian Education
For expenses necessary to carry out, to the extent not
otherwise provided, title VI, part A of the ESEA, $181,239,000,
of which $67,993,000 shall be for subpart 2 of part A of title
VI and $7,865,000 shall be for subpart 3 of part A of title VI:
Provided, That the 5 percent limitation in sections 6115(d),
6121(e), and 6133(g) of the ESEA on the use of funds for
administrative purposes shall apply only to direct
administrative costs.
Innovation and Improvement
For carrying out activities authorized by subparts 1, 3 and 4
of part B of title II, and parts C, D, and E and subparts 1 and
4 of part F of title IV of the ESEA, $1,114,250,000: Provided,
That $285,250,000 shall be for subparts 1, 3 and 4 of part B of
title II and shall be made available without regard to sections
2201, 2231(b) and 2241: Provided further, That $635,000,000
shall be for parts C, D, and E and subpart 4 of part F of title
IV, and shall be made available without regard to sections
4311, 4409(a), and 4601 of the ESEA: Provided further, That
section 4303(d)(3)(A)(i) shall not apply to the funds available
for part C of title IV: Provided further, That of the funds
available for part C of title IV, the Secretary shall use
$60,000,000 to carry out section 4304, of which not more than
$10,000,000 shall be available to carry out section 4304(k),
$140,000,000, to remain available through March 31, 2022, to
carry out section 4305(b), and not more than $15,000,000 to
carry out the activities in section 4305(a)(3): Provided
further, That notwithstanding section 4601(b), $194,000,000
shall be available through December 31, 2021 for subpart 1 of
part F of title IV.
Safe Schools and Citizenship Education
For carrying out activities authorized by subparts 2 and 3 of
part F of title IV of the ESEA, $217,000,000: Provided, That
$106,000,000 shall be available for section 4631, of which up
to $5,000,000, to remain available until expended, shall be for
the Project School Emergency Response to Violence (Project
SERV) program: Provided further, That $30,000,000 shall be
available for section 4625: Provided further, That $81,000,000
shall be available through December 31, 2021, for section 4624.
English Language Acquisition
For carrying out part A of title III of the ESEA,
$797,400,000, which shall become available on July 1, 2021, and
shall remain available through September 30, 2022, except that
6.5 percent of such amount shall be available on October 1,
2020, and shall remain available through September 30, 2022, to
carry out activities under section 3111(c)(1)(C).
Special Education
For carrying out the Individuals with Disabilities Education
Act (IDEA) and the Special Olympics Sport and Empowerment Act
of 2004, $14,070,743,000, of which $4,533,544,000 shall become
available on July 1, 2021, and shall remain available through
September 30, 2022, and of which $9,283,383,000 shall become
available on October 1, 2021, and shall remain available
through September 30, 2022, for academic year 2021-2022:
Provided, That the amount for section 611(b)(2) of the IDEA
shall be equal to the lesser of the amount available for that
activity during fiscal year 2020, increased by the amount of
inflation as specified in section 619(d)(2)(B) of the IDEA, or
the percent change in the funds appropriated under section
611(i) of the IDEA, but not less than the amount for that
activity during fiscal year 2020: Provided further, That the
Secretary shall, without regard to section 611(d) of the IDEA,
distribute to all other States (as that term is defined in
section 611(g)(2)), subject to the third proviso, any amount by
which a State's allocation under section 611, from funds
appropriated under this heading, is reduced under section
612(a)(18)(B), according to the following: 85 percent on the
basis of the States' relative populations of children aged 3
through 21 who are of the same age as children with
disabilities for whom the State ensures the availability of a
free appropriate public education under this part, and 15
percent to States on the basis of the States' relative
populations of those children who are living in poverty:
Provided further, That the Secretary may not distribute any
funds under the previous proviso to any State whose reduction
in allocation from funds appropriated under this heading made
funds available for such a distribution: Provided further,
That the States shall allocate such funds distributed under the
second proviso to local educational agencies in accordance with
section 611(f): Provided further, That the amount by which a
State's allocation under section 611(d) of the IDEA is reduced
under section 612(a)(18)(B) and the amounts distributed to
States under the previous provisos in fiscal year 2012 or any
subsequent year shall not be considered in calculating the
awards under section 611(d) for fiscal year 2013 or for any
subsequent fiscal years: Provided further, That,
notwithstanding the provision in section 612(a)(18)(B)
regarding the fiscal year in which a State's allocation under
section 611(d) is reduced for failure to comply with the
requirement of section 612(a)(18)(A), the Secretary may apply
the reduction specified in section 612(a)(18)(B) over a period
of consecutive fiscal years, not to exceed 5, until the entire
reduction is applied: Provided further, That the Secretary
may, in any fiscal year in which a State's allocation under
section 611 is reduced in accordance with section
612(a)(18)(B), reduce the amount a State may reserve under
section 611(e)(1) by an amount that bears the same relation to
the maximum amount described in that paragraph as the reduction
under section 612(a)(18)(B) bears to the total allocation the
State would have received in that fiscal year under section
611(d) in the absence of the reduction: Provided further, That
the Secretary shall either reduce the allocation of funds under
section 611 for any fiscal year following the fiscal year for
which the State fails to comply with the requirement of section
612(a)(18)(A) as authorized by section 612(a)(18)(B), or seek
to recover funds under section 452 of the General Education
Provisions Act (20 U.S.C. 1234a): Provided further, That the
funds reserved under 611(c) of the IDEA may be used to provide
technical assistance to States to improve the capacity of the
States to meet the data collection requirements of sections 616
and 618 and to administer and carry out other services and
activities to improve data collection, coordination, quality,
and use under parts B and C of the IDEA: Provided further,
That the Secretary may use funds made available for the State
Personnel Development Grants program under part D, subpart 1 of
IDEA to evaluate program performance under such subpart:
Provided further, That States may use funds reserved for other
State-level activities under sections 611(e)(2) and 619(f) of
the IDEA to make subgrants to local educational agencies,
institutions of higher education, other public agencies, and
private non-profit organizations to carry out activities
authorized by those sections: Provided further, That,
notwithstanding section 643(e)(2)(A) of the IDEA, if 5 or fewer
States apply for grants pursuant to section 643(e) of such Act,
the Secretary shall provide a grant to each State in an amount
equal to the maximum amount described in section 643(e)(2)(B)
of such Act: Provided further, That if more than 5 States
apply for grants pursuant to section 643(e) of the IDEA, the
Secretary shall award funds to those States on the basis of the
States' relative populations of infants and toddlers except
that no such State shall receive a grant in excess of the
amount described in section 643(e)(2)(B) of such Act: Provided
further, That States may use funds allotted under section
643(c) of the IDEA to make subgrants to local educational
agencies, institutions of higher education, other public
agencies, and private non-profit organizations to carry out
activities authorized by section 638 of IDEA.
Rehabilitation Services
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center
Act, $3,814,220,000, of which $3,675,021,000 shall be for
grants for vocational rehabilitation services under title I of
the Rehabilitation Act: Provided, That the Secretary may use
amounts provided in this Act that remain available subsequent
to the reallotment of funds to States pursuant to section
110(b) of the Rehabilitation Act for innovative activities
aimed at increasing competitive integrated employment as
defined in section 7 of such Act for youth and other
individuals with disabilities: Provided further, That States
may award subgrants for a portion of the funds to other public
and private, nonprofit entities: Provided further, That any
funds made available subsequent to reallotment for innovative
activities aimed at improving the outcomes of individuals with
disabilities shall remain available until September 30, 2022.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act to Promote the Education of the
Blind of March 3, 1879, $34,431,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986,
$81,500,000: Provided, That from the total amount available,
the Institute may at its discretion use funds for the endowment
program as authorized under section 207 of such Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II of the Education of
the Deaf Act of 1986, $140,361,000: Provided, That from the
total amount available, the University may at its discretion
use funds for the endowment program as authorized under section
207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006
(``Perkins Act'') and the Adult Education and Family Literacy
Act (``AEFLA''), $2,030,936,000, of which $1,239,936,000 shall
become available on July 1, 2021, and shall remain available
through September 30, 2022, and of which $791,000,000 shall
become available on October 1, 2021, and shall remain available
through September 30, 2022: Provided, That of the amounts made
available for AEFLA, $13,712,000 shall be for national
leadership activities under section 242.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part C
of title IV of the HEA, $24,545,352,000 which shall remain
available through September 30, 2022.
The maximum Pell Grant for which a student shall be eligible
during award year 2021-2022 shall be $5,435.
Student Aid Administration
For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, 9, and 10 of part A, and parts B,
C, D, and E of title IV of the HEA, and subpart 1 of part A of
title VII of the Public Health Service Act, $1,853,943,000, to
remain available through September 30, 2022: Provided, That
the Secretary shall allocate new student loan borrower accounts
to eligible student loan servicers on the basis of their past
performance compared to all loan servicers utilizing
established common metrics, and on the basis of the capacity of
each servicer to process new and existing accounts: Provided
further, That for student loan contracts awarded prior to
October 1, 2017, the Secretary shall allow student loan
borrowers who are consolidating Federal student loans to select
from any student loan servicer to service their new
consolidated student loan: Provided further, That in order to
promote accountability and high-quality service to borrowers,
the Secretary shall not award funding for any contract
solicitation for a new Federal student loan servicing
environment, including the solicitation for the Federal Student
Aid (FSA) Next Generation Processing and Servicing Environment,
unless such an environment provides for the participation of
multiple student loan servicers that contract directly with the
Department of Education to manage a unique portfolio of
borrower accounts and the full life-cycle of loans from
disbursement to pay-off with certain limited exceptions, and
allocates student loan borrower accounts to eligible student
loan servicers based on performance: Provided further, That
the Department shall re-allocate accounts from servicers for
recurring non-compliance with FSA guidelines, contractual
requirements, and applicable laws, including for failure to
sufficiently inform borrowers of available repayment options:
Provided further, That such servicers shall be evaluated based
on their ability to meet contract requirements (including an
understanding of Federal and State law), future performance on
the contracts, and history of compliance with applicable
consumer protections laws: Provided further, That to the
extent FSA permits student loan servicing subcontracting, FSA
shall hold prime contractors accountable for meeting the
requirements of the contract, and the performance and
expectations of subcontractors shall be accounted for in the
prime contract and in the overall performance of the prime
contractor: Provided further, That FSA shall ensure that the
Next Generation Processing and Servicing Environment, or any
new Federal loan servicing environment, incentivize more
support to borrowers at risk of delinquency or default:
Provided further, That FSA shall ensure that in such
environment contractors have the capacity to meet and are held
accountable for performance on service levels; are held
accountable for and have a history of compliance with
applicable consumer protection laws; and have relevant
experience and demonstrated effectiveness: Provided further,
That the Secretary shall provide quarterly briefings to the
Committees on Appropriations and Education and Labor of the
House of Representatives and the Committees on Appropriations
and Health, Education, Labor, and Pensions of the Senate on
general progress related to solicitations for Federal student
loan servicing contracts: Provided further, That FSA shall
strengthen transparency through expanded publication of
aggregate data on student loan and servicer performance:
Provided further, That not later than 60 days after enactment
of this Act, FSA shall provide to the Committees on
Appropriations of the House of Representatives and the Senate a
detailed spend plan of anticipated uses of funds made available
in this account for fiscal year 2021 and provide quarterly
updates on this plan (including contracts awarded, change
orders, bonuses paid to staff, reorganization costs, and any
other activity carried out using amounts provided under this
heading for fiscal year 2021): Provided further, That the FSA
Next Generation Processing and Servicing Environment, or any
new Federal student loan servicing environment, shall include
accountability measures that account for the performance of the
portfolio and contractor compliance with FSA guidelines:
Provided further, That, due to concerns with the transfer of
borrower accounts and to allow appropriate time for review of
the risks of current contracting plans, FSA shall suspend
awarding of any contract for the Interim Servicing Solution
(ISS) Solicitation (Solicitation No. 91003120R0018) for a
period of not less than 90 days after enactment of this Act:
Provided further, That FSA may not award funding for any
contract under such ISS Solicitation unless Business Process
Operations (BPO) Contractors are, as borrower accounts are
migrated to ISS, immediately responsible for all contact center
and back-office processing, as described in BPO Solicitation
No. 91003119R0008, necessary to deliver all such servicing
requirements for accounts that have been migrated to ISS:
Provided further, That notwithstanding the requirements of the
Federal Property and Administration Services Act of 1949, 41
U.S.C. 3101 et. seq, as amended; parts 6, 16, and 37 of title
48, Code of Federal Regulations; or any other procurement
limitation on the period of performance, the Secretary may
extend the period of performance for any contract under section
456 of the HEA for servicing activities scheduled to expire on
December 14, 2021, or March 30, 2022, as applicable, for up to
two additional years from the date of expiration.
Higher Education
For carrying out, to the extent not otherwise provided,
titles II, III, IV, V, VI, VII, and VIII of the HEA, the Mutual
Educational and Cultural Exchange Act of 1961, and section 117
of the Perkins Act, $2,541,661,000, of which $96,000,000 shall
remain available through December 31, 2021: Provided, That
notwithstanding any other provision of law, funds made
available in this Act to carry out title VI of the HEA and
section 102(b)(6) of the Mutual Educational and Cultural
Exchange Act of 1961 may be used to support visits and study in
foreign countries by individuals who are participating in
advanced foreign language training and international studies in
areas that are vital to United States national security and who
plan to apply their language skills and knowledge of these
countries in the fields of government, the professions, or
international development: Provided further, That of the funds
referred to in the preceding proviso up to 1 percent may be
used for program evaluation, national outreach, and information
dissemination activities: Provided further, That up to 1.5
percent of the funds made available under chapter 2 of subpart
2 of part A of title IV of the HEA may be used for evaluation:
Provided further, That section 313(d) of the HEA shall not
apply to an institution of higher education that is eligible to
receive funding under section 318 of the HEA.
Howard University
For partial support of Howard University, $251,018,000, of
which not less than $3,405,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment Act
and shall remain available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of
the HEA, $435,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $22,150,000, as authorized
pursuant to part D of title III of the HEA, which shall remain
available through September 30, 2022: Provided, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed,
not to exceed $278,266,000: Provided further, That these funds
may be used to support loans to public and private Historically
Black Colleges and Universities without regard to the
limitations within section 344(a) of the HEA.
In addition, $16,000,000, to remain available through
September 30, 2022, shall be made available to provide for the
deferment of loans made under part D of title III of the HEA to
eligible institutions that are private Historically Black
Colleges and Universities, which apply for the deferment of
such a loan and demonstrate financial need for such deferment
by having a score of 2.6 or less on the Department of
Education's financial responsibility test: Provided, That the
loan has not been paid in full and is not paid in full during
the period of deferment: Provided further, That during the
period of deferment of such a loan, interest on the loan will
not accrue or be capitalized, and the period of deferment shall
be for at least a period of 3-fiscal years and not more than 6-
fiscal years: Provided further, That funds available under
this paragraph shall be used to fund eligible deferment
requests submitted for this purpose in fiscal year 2018:
Provided further, That the Secretary shall create and execute
an outreach plan to work with States and the Capital Financing
Advisory Board to improve outreach to States and help
additional public Historically Black Colleges and Universities
participate in the program.
In addition, $10,000,000, to remain available through
September 30, 2022, shall be made available to provide for the
deferment of loans made under part D of title III of the HEA to
eligible institutions that are public Historically Black
Colleges and Universities, which apply for the deferment of
such a loan and demonstrate financial need for such deferment,
which shall be determined by the Secretary of Education based
on factors including, but not limited to, equal to or greater
than 5 percent of the school's operating revenue relative to
its annual debt service payment: Provided, That during the
period of deferment of such a loan, interest on the loan will
not accrue or be capitalized, and the period of deferment shall
be for at least a period of 3-fiscal years and not more than 6-
fiscal years.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing
Program entered into pursuant to part D of title III of the
HEA, $334,000.
Institute of Education Sciences
For carrying out activities authorized by the Education
Sciences Reform Act of 2002, the National Assessment of
Educational Progress Authorization Act, section 208 of the
Educational Technical Assistance Act of 2002, and section 664
of the Individuals with Disabilities Education Act,
$642,462,000, which shall remain available through September
30, 2022: Provided, That funds available to carry out section
208 of the Educational Technical Assistance Act may be used to
link Statewide elementary and secondary data systems with early
childhood, postsecondary, and workforce data systems, or to
further develop such systems: Provided further, That up to
$6,000,000 of the funds available to carry out section 208 of
the Educational Technical Assistance Act may be used for awards
to public or private organizations or agencies to support
activities to improve data coordination, quality, and use at
the local, State, and national levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of three
passenger motor vehicles, $430,000,000: Provided, That,
notwithstanding any other provision of law, none of the funds
provided by this Act or provided by previous Appropriations
Acts to the Department of Education available for obligation or
expenditure in the current fiscal year may be used for any
activity relating to implementing a reorganization that
decentralizes, reduces the staffing level, or alters the
responsibilities, structure, authority, or functionality of the
Budget Service of the Department of Education, relative to the
organization and operation of the Budget Service as in effect
on January 1, 2018.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education
Organization Act, $131,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
as authorized by section 212 of the Department of Education
Organization Act, $63,000,000, of which $2,000,000 shall remain
available until expended.
General Provisions
Sec. 301. No funds appropriated in this Act may be used to
prevent the implementation of programs of voluntary prayer and
meditation in the public schools.
(transfer of funds)
Sec. 302. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the Department of
Education in this Act may be transferred between
appropriations, but no such appropriation shall be increased by
more than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall not be used to
create any new program or to fund any project or activity for
which no funds are provided in this Act: Provided further,
That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in
advance of any transfer.
Sec. 303. Funds appropriated in this Act and consolidated
for evaluation purposes under section 8601(c) of the ESEA shall
be available from July 1, 2021, through September 30, 2022.
Sec. 304. (a) An institution of higher education that
maintains an endowment fund supported with funds appropriated
for title III or V of the HEA for fiscal year 2021 may use the
income from that fund to award scholarships to students,
subject to the limitation in section 331(c)(3)(B)(i) of the
HEA. The use of such income for such purposes, prior to the
enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
(b) Subsection (a) shall be in effect until titles III and V
of the HEA are reauthorized.
Sec. 305. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is
amended by striking ``2020'' and inserting ``2021''.
Sec. 306. Section 458(a) of the HEA (20 U.S.C. 1087h(a)) is
amended in paragraph (4) by striking ``2020'' and inserting
``2021''.
Sec. 307. Funds appropriated in this Act under the heading
``Student Aid Administration'' may be available for payments
for student loan servicing to an institution of higher
education that services outstanding Federal Perkins Loans under
part E of title IV of the Higher Education Act of 1965 (20
U.S.C. 1087aa et seq.).
(rescission)
Sec. 308. Of the unobligated balances available under the
heading ``Student Financial Assistance'' for carrying out
subpart 1 of part A of title IV of the HEA, $500,000,000 are
hereby rescinded.
(rescission)
Sec. 309. Of the amounts appropriated under Section
401(b)(7)(A)(iv)(XI) of the Higher Education Act of 1965 (20
U.S.C. 1070a(b)(7)(A)(iv)(XI)) for fiscal year 2021,
$28,000,000 are hereby rescinded.
Sec. 310. Of the amounts made available under this title
under the heading ``Student Aid Administration'', $2,300,000
shall be used by the Secretary of Education to conduct outreach
to borrowers of loans made under part D of title IV of the
Higher Education Act of 1965 who may intend to qualify for loan
cancellation under section 455(m) of such Act (20 U.S.C.
1087e(m)), to ensure that borrowers are meeting the terms and
conditions of such loan cancellation: Provided, That the
Secretary shall specifically conduct outreach to assist
borrowers who would qualify for loan cancellation under section
455(m) of such Act except that the borrower has made some, or
all, of the 120 required payments under a repayment plan that
is not described under section 455(m)(A) of such Act, to
encourage borrowers to enroll in a qualifying repayment plan:
Provided further, That the Secretary shall also communicate to
all Direct Loan borrowers the full requirements of section
455(m) of such Act and improve the filing of employment
certification by providing improved outreach and information
such as outbound calls, electronic communications, ensuring
prominent access to program requirements and benefits on each
servicer's website, and creating an option for all borrowers to
complete the entire payment certification process
electronically and on a centralized website.
Sec. 311. For an additional amount for ``Department of
Education--Federal Direct Student Loan Program Account'',
$50,000,000, to remain available until expended, shall be for
the cost, as defined under section 502 of the Congressional
Budget Act of 1974, of the Secretary of Education providing
loan cancellation in the same manner as under section 455(m) of
the Higher Education Act of 1965 (20 U.S.C. 1087e(m)), for
borrowers of loans made under part D of title IV of such Act
who would qualify for loan cancellation under section 455(m)
except some, or all, of the 120 required payments under section
455(m)(1)(A) do not qualify for purposes of the program because
they were monthly payments made in accordance with graduated or
extended repayment plans as described under subparagraph (B) or
(C) of section 455(d)(1) or the corresponding repayment plan
for a consolidation loan made under section 455(g) and that
were less than the amount calculated under section
455(d)(1)(A), based on a 10-year repayment period: Provided,
That the monthly payment made 12 months before the borrower
applied for loan cancellation as described in the matter
preceding this proviso and the most recent monthly payment made
by the borrower at the time of such application were each not
less than the monthly amount that would be calculated under,
and for which the borrower would otherwise qualify for, clause
(i) or (iv) of section 455(m)(1)(A) regarding income-based or
income-contingent repayment plans, with exception for a
borrower who would have otherwise been eligible under this
section but demonstrates an unusual fluctuation of income over
the past 5 years: Provided further, That the total loan
volume, including outstanding principal, fees, capitalized
interest, or accrued interest, at application that is eligible
for such loan cancellation by such borrowers shall not exceed
$75,000,000: Provided further, That the Secretary shall
develop and make available a simple method for borrowers to
apply for loan cancellation under this section within 60 days
of enactment of this Act: Provided further, That the Secretary
shall provide loan cancellation under this section to eligible
borrowers on a first-come, first-serve basis, based on the date
of application and subject to both the limitation on total loan
volume at application for such loan cancellation specified in
the second proviso and the availability of appropriations under
this section: Provided further, That no borrower may, for the
same service, receive a reduction of loan obligations under
both this section and section 428J, 428K, 428L, or 460 of such
Act.
Sec. 312. None of the funds made available by this Act may
be used in contravention of section 203 of the Department of
Education Organization Act (20 U.S.C. 3413).
(including transfer of funds)
Sec. 313. There is hereby established in the Treasury of the
United States a fund to be known as the ``Department of
Education Nonrecurring Expenses Fund'' (the Fund): Provided,
That unobligated balances of expired discretionary funds
appropriated for this or any succeeding fiscal year from the
General Fund of the Treasury to the Department of Education by
this or any other Act may be transferred (not later than the
end of the fifth fiscal year after the last fiscal year for
which such funds are available for the purposes for which
appropriated) into the Fund: Provided further, That amounts
deposited in the Fund shall be available until expended, and in
addition to such other funds as may be available for such
purposes, for information and business technology system
modernization and facilities infrastructure improvements
necessary for the operation of the Department, subject to
approval by the Office of Management and Budget: Provided
further, That amounts in the Fund may be obligated only after
the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 30 days in
advance of the specific information and business technology
system modernization project or facility infrastructure
improvement obligations planned for such amounts.
Sec. 314. (a) The General Education Provisions Act (20 U.S.C.
1221 et seq.) is amended by striking section 426.
(b) Paragraph (9) of section 4407(a) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7231f(a)) is amended
by striking ``notwithstanding section 426 of the General
Education Provisions Act (20 U.S.C. 1228),''.
Sec. 315. Section 2101(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6611(b)) is amended--(1) in
paragraph (2)(A)(iv), by inserting ``through fiscal year 2022''
after ``fiscal year 2020''; and (2) in paragraph (3), by
striking ``2021'' both places it appears and inserting ``2023''
in its place.
rural and low-income school program adjustments
Sec. 316. (a) Hold Harmless.--For the purpose of making
awards under section 5221 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7351) for a fiscal year during
the period described in subsection (c), the Secretary of
Education and each State educational agency shall treat as
eligible to receive a grant under such section--
(1) any local educational agency that meets the
eligibility requirements described in section
5221(b)(1) of such Act for such fiscal year, in
accordance with subsection (d); and
(2) notwithstanding such section 5221(b)(1), any
local educational agency that does not meet the
eligibility requirements described in such section for
such fiscal year if--
(A) the local educational agency received a
grant under section 5221 of such Act for fiscal
year 2019;
(B) for fiscal year 2019, less than 20
percent of the children ages 5 through 17 years
served by the local educational agency were
from families with incomes below the poverty
line, as determined by data from the Small Area
Income and Poverty Estimates of the Bureau of
the Census;
(C) the award for fiscal year 2019 was based
on alternative poverty data submitted by the
State to the Secretary despite data being
available from the Small Area Income and
Poverty Estimates of the Bureau of the Census;
and
(D) the local educational agency meets the
eligibility criteria described in section
5221(b)(1)(A)(ii) of such Act, or has obtained
a waiver under section 5221(b)(2) of such Act,
for the fiscal year for which the eligibility
determination is being made.
(b) Limitations.--
(1) Limits on local educational agency awards.--For
the purposes of making an award under section 5221(b)
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7351(b)) to local educational agencies
described in subsection (a)(2) for a fiscal year during
the period described in subsection (c), a State
educational agency shall provide an award to each such
local educational agency for such fiscal year that is
not larger than--
(A) for fiscal year 2021, 100 percent of the
amount such local educational agency received
for fiscal year 2019;
(B) for fiscal year 2022, 100 percent of the
amount such local educational agency received
for fiscal year 2019;
(C) for fiscal year 2023, 83.33 percent of
the amount such local educational agency
received for fiscal year 2019;
(D) for fiscal year 2024, 66.67 percent of
the amount such local educational agency
received for fiscal year 2019;
(E) for fiscal year 2025, 50 percent of the
amount such local educational agency received
for fiscal year 2019;
(F) for fiscal year 2026, 33.33 percent of
the amount such local educational agency
received for fiscal year 2019; and
(G) for fiscal year 2027, 16.67 percent of
the amount such local educational agency
received for fiscal year 2019.
(2) Adjustments to state allocations.--In determining
grant amounts for each State educational agency under
section 5221(a)(2) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7351(a)(2)) for each
fiscal year during the period described in subsection
(c), the Secretary of Education shall reduce the amount
that the State educational agency would otherwise
receive by the combined amount of any reductions in
grant awards required under paragraph (1) for such year
for the local educational agencies described in
subsection (a)(2) that are served by the State
educational agency.
(c) Applicability.--Subsections (a) and (b) shall be in
effect during the period--
(1) beginning on the first day of the fiscal year in
which this Act is enacted; and
(2) ending on the earlier of--
(A) September 30, 2027; or
(B) the last day of the fiscal year in which
an Act that reauthorizes the rural and low-
income school program under subpart 2 of part B
of title V of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7351 et seq.)
is enacted.
(d) Use of Data Measures.--Except as provided in subsection
(a)(2), for the purpose of making awards under section 5221 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7351) for any fiscal year--
(1) if data are available from the Small Area Income
and Poverty Estimates of the Bureau of the Census to
determine a local educational agency's enrollment of
children from families with incomes below the poverty
line as described in section 5221(b)(1)(A)(i) of such
Act, the Secretary of Education and each State
educational agency shall not use alternative poverty
data in determining such local educational agency's
eligibility under such section; and
(2) if data are not available from the Small Area
Income and Poverty Estimates of the Bureau of the
Census to determine a local educational agency's
enrollment of children from families with incomes below
the poverty line as described in such section
5221(b)(1)(A)(i), the Secretary and the State
educational agency shall determine such local
educational agency's eligibility under such section
using the same State-derived poverty data used to
determine local educational agency allocations under
part A of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311 et seq.).
Sec. 317. (a) In General.--For the purpose of carrying out
section 435(a)(2) of the Higher Education Act of 1965 (20
U.S.C. 1085(a)(2)), the Secretary of Education may waive the
requirements under sections 435(a)(5)(A)(i) and
435(a)(5)(A)(ii) of such Act (20 U.S.C. 1085(a)(5)(A)(i) and 20
U.S.C. 1085(a)(5)(A)(ii)) for a private non-profit institution
of higher education--(1) that is an Alaska Native-Serving
Institution (as defined in section 317(A)(2) of such Act (20
U.S.C. 1059d)) and a Native American-Serving Non-Tribal
Institution (as defined in section 319(b)(2) (20 U.S.C. 1059f))
whose fall enrollment for the most recently completed academic
year was comprised of a majority of students who are Indian (as
defined in such section) or Alaska Native (as defined in
section 317(b) of such Act (20 U.S.C. 1059d(b)) and who are
eligible to receive the maximum award under the Pell Grant
program; or (2) whose fall enrollment for the most recently
completed academic year was comprised of a majority of the
students who are African American (as defined in section 322(2)
of such act (20 U.S.C. 1061(2)) and at least 50% or more
received Federal Pell Grant Funds.
(b) Applicability.--Subsection (a) shall apply to an
institution of higher education that otherwise would be
ineligible to participate in a program under part A of title IV
of the Higher Education Act of 1965 on or after the date of
enactment of this Act due to the application of section
435(a)(2) of the Higher Education Act of 1965 (20 U.S.C.
1085(a)(2)).
(c) Coverage.--This section shall be in effect for the period
covered by this Act and for the succeeding fiscal year.
Sec. 318. Of the amounts made available under the heading
``Department of Education--Rehabilitation Services'' in title
III of the Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2020
(division A of Public Law 116-94) that remain available
subsequent to the reallotment of funds to States pursuant to
section 110(b) of the Rehabilitation Act of 1973 (Public Law
93-112), $20,000,000 shall be available to the Secretary for
one-time financial relief and restoration grants consistent
with the purposes of the Randolph-Sheppard Act as authorized
under section 10 of such Act (20 U.S.C. 107f): Provided, That
the Secretary shall use such funds to make grants to each State
licensing agency in the same proportion as the number of blind
vendors operating a vending facility in such State as compared
to the number of blind vendors operating a vending facility in
all the States on September 30, 2019: Provided further, That
the State licensing agency shall use these grants to make
financial relief and restoration payments to offset losses of
blind vendors that occurred during calendar year 2020, but only
to the extent that such losses are not otherwise compensated:
Provided further, That any funds in excess of the amount needed
for financial relief and restoration payments to blind vendors
shall be used by the State licensing agency for other purposes
authorized by section 395.9 of title 34, Code of Federal
Regulations, as in effect on the date of enactment of this Act,
and determined through active participation with the State
committee of blind vendors as required: Provided further, That
such funds shall remain available to the Secretary until
September 30, 2021.
This title may be cited as the ``Department of Education
Appropriations Act, 2021''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From
People Who Are Blind or Severely Disabled (referred to in this
title as ``the Committee'') established under section 8502 of
title 41, United States Code, $10,500,000: Provided, That in
order to authorize any central nonprofit agency designated
pursuant to section 8503(c) of title 41, United States Code, to
perform requirements of the Committee as prescribed under
section 51-3.2 of title 41, Code of Federal Regulations, the
Committee shall enter into a written agreement with any such
central nonprofit agency: Provided further, That such
agreement shall contain such auditing, oversight, and reporting
provisions as necessary to implement chapter 85 of title 41,
United States Code: Provided further, That such agreement
shall include the elements listed under the heading ``Committee
For Purchase From People Who Are Blind or Severely Disabled--
Written Agreement Elements'' in the explanatory statement
described in section 4 of Public Law 114-113 (in the matter
preceding division A of that consolidated Act): Provided
further, That any such central nonprofit agency may not charge
a fee under section 51-3.5 of title 41, Code of Federal
Regulations, prior to executing a written agreement with the
Committee: Provided further, That no less than $2,500,000
shall be available for the Office of Inspector General.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to
carry out the Domestic Volunteer Service Act of 1973 (referred
to in this title as ``1973 Act'') and the National and
Community Service Act of 1990 (referred to in this title as
``1990 Act''), $843,115,000, notwithstanding sections
198B(b)(3), 198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the 1990
Act: Provided, That of the amounts provided under this
heading: (1) up to 1 percent of program grant funds may be used
to defray the costs of conducting grant application reviews,
including the use of outside peer reviewers and electronic
management of the grants cycle; (2) $18,538,000 shall be
available to provide assistance to State commissions on
national and community service, under section 126(a) of the
1990 Act and notwithstanding section 501(a)(5)(B) of the 1990
Act; (3) $33,500,000 shall be available to carry out subtitle E
of the 1990 Act; and (4) $6,400,000 shall be available for
expenses authorized under section 501(a)(4)(F) of the 1990 Act,
which, notwithstanding the provisions of section 198P shall be
awarded by CNCS on a competitive basis: Provided further, That
for the purposes of carrying out the 1990 Act, satisfying the
requirements in section 122(c)(1)(D) may include a
determination of need by the local community.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $185,000,000, to remain
available until expended: Provided, That CNCS may transfer
additional funds from the amount provided within ``Operating
Expenses'' allocated to grants under subtitle C of title I of
the 1990 Act to the National Service Trust upon determination
that such transfer is necessary to support the activities of
national service participants and after notice is transmitted
to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That amounts
appropriated for or transferred to the National Service Trust
may be invested under section 145(b) of the 1990 Act without
regard to the requirement to apportion funds under 31 U.S.C.
1513(b).
salaries and expenses
For necessary expenses of administration as provided under
section 501(a)(5) of the 1990 Act and under section 504(a) of
the 1973 Act, including payment of salaries, authorized travel,
hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, the employment of experts
and consultants authorized under 5 U.S.C. 3109, and not to
exceed $2,500 for official reception and representation
expenses, $86,487,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $6,500,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to program
requirements, service delivery or policy only through public
notice and comment rulemaking. For fiscal year 2021, during any
grant selection process, an officer or employee of CNCS shall
not knowingly disclose any covered grant selection information
regarding such selection, directly or indirectly, to any person
other than an officer or employee of CNCS that is authorized by
CNCS to receive such information.
Sec. 402. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first 3 years that they
receive AmeriCorps funding, and thereafter shall meet the
overall minimum share requirement as provided in section
2521.60 of title 45, Code of Federal Regulations, without
regard to the operating costs match requirement in section
121(e) or the member support Federal share limitations in
section 140 of the 1990 Act, and subject to partial waiver
consistent with section 2521.70 of title 45, Code of Federal
Regulations.
Sec. 403. Donations made to CNCS under section 196 of the
1990 Act for the purposes of financing programs and operations
under titles I and II of the 1973 Act or subtitle B, C, D, or E
of title I of the 1990 Act shall be used to supplement and not
supplant current programs and operations.
Sec. 404. In addition to the requirements in section 146(a)
of the 1990 Act, use of an educational award for the purpose
described in section 148(a)(4) shall be limited to individuals
who are veterans as defined under section 101 of the Act.
Sec. 405. For the purpose of carrying out section 189D of
the 1990 Act--
(1) entities described in paragraph (a) of such
section shall be considered ``qualified entities''
under section 3 of the National Child Protection Act of
1993 (``NCPA'');
(2) individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community
Service established pursuant to section 178 of the 1990
Act, are authorized to receive criminal history record
information, consistent with Public Law 92-544.
Sec. 406. Notwithstanding sections 139(b), 146 and 147 of
the 1990 Act, an individual who successfully completes a term
of service of not less than 1,200 hours during a period of not
more than one year may receive a national service education
award having a value of 70 percent of the value of a national
service education award determined under section 147(a) of the
Act.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting
(``CPB''), as authorized by the Communications Act of 1934, an
amount which shall be available within limitations specified by
that Act, for the fiscal year 2023, $475,000,000: Provided,
That none of the funds made available to CPB by this Act shall
be used to pay for receptions, parties, or similar forms of
entertainment for Government officials or employees: Provided
further, That none of the funds made available to CPB by this
Act shall be available or used to aid or support any program or
activity from which any person is excluded, or is denied
benefits, or is discriminated against, on the basis of race,
color, national origin, religion, or sex: Provided further,
That none of the funds made available to CPB by this Act shall
be used to apply any political test or qualification in
selecting, appointing, promoting, or taking any other personnel
action with respect to officers, agents, and employees of CPB.
In addition, for the costs associated with replacing and
upgrading the public broadcasting interconnection system and
other technologies and services that create infrastructure and
efficiencies within the public media system, $20,000,000.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and
Conciliation Service (``Service'') to carry out the functions
vested in it by the Labor-Management Relations Act, 1947,
including hire of passenger motor vehicles; for expenses
necessary for the Labor-Management Cooperation Act of 1978; and
for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act,
$48,600,000, including up to $900,000 to remain available
through September 30, 2022, for activities authorized by the
Labor-Management Cooperation Act of 1978: Provided, That
notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost
recovery, for special training activities and other conflict
resolution services and technical assistance, including those
provided to foreign governments and international
organizations, and for arbitration services shall be credited
to and merged with this account, and shall remain available
until expended: Provided further, That fees for arbitration
services shall be available only for education, training, and
professional development of the agency workforce: Provided
further, That the Director of the Service is authorized to
accept and use on behalf of the United States gifts of services
and real, personal, or other property in the aid of any
projects or functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health
Review Commission, $17,184,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996
and the National Museum of African American History and Culture
Act, $257,000,000.
Medicaid and CHIP Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the
Social Security Act, $8,780,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the
Social Security Act, $12,905,000, to be transferred to this
appropriation from the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability
as authorized by title IV of the Rehabilitation Act of 1973,
$3,350,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board
to carry out the functions vested in it by the Labor-Management
Relations Act, 1947, and other laws, $274,224,000: Provided,
That no part of this appropriation shall be available to
organize or assist in organizing agricultural laborers or used
in connection with investigations, hearings, directives, or
orders concerning bargaining units composed of agricultural
laborers as referred to in section 2(3) of the Act of July 5,
1935, and as amended by the Labor-Management Relations Act,
1947, and as defined in section 3(f) of the Act of June 25,
1938, and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and
waterways when maintained or operated on a mutual, nonprofit
basis and at least 95 percent of the water stored or supplied
thereby is used for farming purposes.
administrative provisions
Sec. 407. None of the funds provided by this Act or previous
Acts making appropriations for the National Labor Relations
Board may be used to issue any new administrative directive or
regulation that would provide employees any means of voting
through any electronic means in an election to determine a
representative for the purposes of collective bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the
Railway Labor Act, including emergency boards appointed by the
President, $14,300,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health
Review Commission, $13,225,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized
under section 15(d) of the Railroad Retirement Act of 1974,
$13,000,000, which shall include amounts becoming available in
fiscal year 2021 pursuant to section 224(c)(1)(B) of Public Law
98-76; and in addition, an amount, not to exceed 2 percent of
the amount provided herein, shall be available proportional to
the amount by which the product of recipients and the average
benefit received exceeds the amount available for payment of
vested dual benefits: Provided, That the total amount provided
herein shall be credited in 12 approximately equal amounts on
the first day of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain
available through September 30, 2022, which shall be the
maximum amount available for payment pursuant to section 417 of
Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act
and the Railroad Unemployment Insurance Act, $123,500,000, to
be derived in such amounts as determined by the Board from the
railroad retirement accounts and from moneys credited to the
railroad unemployment insurance administration fund: Provided,
That notwithstanding section 7(b)(9) of the Railroad Retirement
Act this limitation may be used to hire attorneys only through
the excepted service: Provided further, That the previous
proviso shall not change the status under Federal employment
laws of any attorney hired by the Railroad Retirement Board
prior to January 1, 2013: Provided further, That
notwithstanding section 7(b)(9) of the Railroad Retirement Act,
this limitation may be used to hire students attending
qualifying educational institutions or individuals who have
recently completed qualifying educational programs using
current excepted hiring authorities established by the Office
of Personnel Management: Provided further, That $9,000,000 to
remain available until expended, shall be used to supplement,
not supplant, existing resources devoted to operations and
improvements for the Board's Information Technology Investment
Initiatives.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, not more than
$11,500,000, to be derived from the railroad retirement
accounts and railroad unemployment insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund, as
provided under sections 201(m) and 1131(b)(2) of the Social
Security Act, $11,000,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security trust funds for
administrative expenses incurred pursuant to section 201(g)(1)
of the Social Security Act, $40,158,768,000, to remain
available until expended: Provided, That any portion of the
funds provided to a State in the current fiscal year and not
obligated by the State during that year shall be returned to
the Treasury: Provided further, That not more than $86,000,000
shall be available for research and demonstrations under
sections 1110, 1115, and 1144 of the Social Security Act, and
remain available through September 30, 2023.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security
Act, for unanticipated costs incurred for the current fiscal
year, such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2022,
$19,600,000,000, to remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $20,000 for official
reception and representation expenses, not more than
$12,794,945,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of
the trust funds referred to in such section: Provided, That
not less than $2,500,000 shall be for the Social Security
Advisory Board: Provided further, That $45,000,000 shall
remain available until expended for information technology
modernization, including related hardware and software
infrastructure and equipment, and for administrative expenses
directly associated with information technology modernization:
Provided further, That $50,000,000 shall remain available
through September 30, 2022, for activities to address the
disability hearings backlog within the Office of Hearings
Operations: Provided further, That unobligated balances of
funds provided under this paragraph at the end of fiscal year
2021 not needed for fiscal year 2021 shall remain available
until expended to invest in the Social Security Administration
information technology and telecommunications hardware and
software infrastructure, including related equipment and non-
payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure:
Provided further, That the Commissioner of Social Security
shall notify the Committees on Appropriations of the House of
Representatives and the Senate prior to making unobligated
balances available under the authority in the previous proviso:
Provided further, That reimbursement to the trust funds under
this heading for expenditures for official time for employees
of the Social Security Administration pursuant to 5 U.S.C.
7131, and for facilities or support services for labor
organizations pursuant to policies, regulations, or procedures
referred to in section 7135(b) of such title shall be made by
the Secretary of the Treasury, with interest, from amounts in
the general fund not otherwise appropriated, as soon as
possible after such expenditures are made.
Of the total amount made available in the first paragraph
under this heading, not more than $1,575,000,000, to remain
available through March 31, 2022, is for the costs associated
with continuing disability reviews under titles II and XVI of
the Social Security Act, including work-related continuing
disability reviews to determine whether earnings derived from
services demonstrate an individual's ability to engage in
substantial gainful activity, for the cost associated with
conducting redeterminations of eligibility under title XVI of
the Social Security Act, for the cost of co-operative
disability investigation units, and for the cost associated
with the prosecution of fraud in the programs and operations of
the Social Security Administration by Special Assistant United
States Attorneys: Provided, That, of such amount, $273,000,000
is provided to meet the terms of section 251(b)(2)(B)(ii)(III)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, and $1,302,000,000 is additional new budget
authority specified for purposes of section 251(b)(2)(B) of
such Act: Provided further, That, of the additional new budget
authority described in the preceding proviso, up to $11,200,000
may be transferred to the ``Office of Inspector General'',
Social Security Administration, for the cost of jointly
operated co-operative disability investigation units: Provided
further, That such transfer authority is in addition to any
other transfer authority provided by law: Provided further,
That the Commissioner shall provide to the Congress (at the
conclusion of the fiscal year) a report on the obligation and
expenditure of these funds, similar to the reports that were
required by section 103(d)(2) of Public Law 104-121 for fiscal
years 1996 through 2002.
In addition, $135,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected
pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain
available until expended: Provided, That to the extent that
the amounts collected pursuant to such sections in fiscal year
2021 exceed $135,000,000, the amounts shall be available in
fiscal year 2022 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees
collected pursuant to section 303(c) of the Social Security
Protection Act, which shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, $30,000,000, together with not to exceed $75,500,000, to
be transferred and expended as authorized by section 201(g)(1)
of the Social Security Act from the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be available
for the time and purposes for which this account is available:
Provided, That notice of such transfers shall be transmitted
promptly to the Committees on Appropriations of the House of
Representatives and the Senate at least 15 days in advance of
any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act. Such transferred
balances shall be used for the same purpose, and for the same
periods of time, for which they were originally appropriated.
Sec. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in this
Act or transferred pursuant to section 4002 of Public Law 111-
148 shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or use
of any kit, pamphlet, booklet, publication, electronic
communication, radio, television, or video presentation
designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or
legislative body, except in presentation to the Congress or any
State or local legislature itself, or designed to support or
defeat any proposed or pending regulation, administrative
action, or order issued by the executive branch of any State or
local government, except in presentation to the executive
branch of any State or local government itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient, related
to any activity designed to influence the enactment of
legislation, appropriations, regulation, administrative action,
or Executive order proposed or pending before the Congress or
any State government, State legislature or local legislature or
legislative body, other than for normal and recognized
executive-legislative relationships or participation by an
agency or officer of a State, local or tribal government in
policymaking and administrative processes within the executive
branch of that government.
(c) The prohibitions in subsections (a) and (b) shall include
any activity to advocate or promote any proposed, pending or
future Federal, State or local tax increase, or any proposed,
pending, or future requirement or restriction on any legal
consumer product, including its sale or marketing, including
but not limited to the advocacy or promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and $20,000,
respectively, from funds available for salaries and expenses
under titles I and III, respectively, for official reception
and representation expenses; the Director of the Federal
Mediation and Conciliation Service is authorized to make
available for official reception and representation expenses
not to exceed $5,000 from the funds available for ``Federal
Mediation and Conciliation Service, Salaries and Expenses'';
and the Chairman of the National Mediation Board is authorized
to make available for official reception and representation
expenses not to exceed $5,000 from funds available for
``National Mediation Board, Salaries and Expenses''.
Sec. 505. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this
Act, including but not limited to State and local governments
and recipients of Federal research grants, shall clearly
state--
(1) the percentage of the total costs of the program
or project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the
project or program; and
(3) percentage and dollar amount of the total costs
of the project or program that will be financed by non-
governmental sources.
Sec. 506. (a) None of the funds appropriated in this Act, and
none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated in
this Act, shall be expended for health benefits coverage that
includes coverage of abortion.
(c) The term ``health benefits coverage'' means the package
of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding
section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape
or incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness,
including a life-endangering physical condition caused
by or arising from the pregnancy itself, that would, as
certified by a physician, place the woman in danger of
death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or
private person of State, local, or private funds (other than a
State's or locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from
offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State's or locality's
contribution of Medicaid matching funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State or
local government, if such agency, program, or government
subjects any institutional or individual health care entity to
discrimination on the basis that the health care entity does
not provide, pay for, provide coverage of, or refer for
abortions.
(2) In this subsection, the term ``health care
entity'' includes an individual physician or other
health care professional, a hospital, a provider-
sponsored organization, a health maintenance
organization, a health insurance plan, or any other
kind of health care facility, organization, or plan.
Sec. 508. (a) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for
research purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research
on fetuses in utero under 45 CFR 46.204(b) and section
498(b) of the Public Health Service Act (42 U.S.C.
289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or
human diploid cells.
Sec. 509. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization of
any drug or other substance included in schedule I of the
schedules of controlled substances established under section
202 of the Controlled Substances Act except for normal and
recognized executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under section
1173(b) of the Social Security Act providing for, or providing
for the assignment of, a unique health identifier for an
individual (except in an individual's capacity as an employer
or a health care provider), until legislation is enacted
specifically approving the standard.
Sec. 511. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract with
an entity if--
(1) such entity is otherwise a contractor with the
United States and is subject to the requirement in 38
U.S.C. 4212(d) regarding submission of an annual report
to the Secretary of Labor concerning employment of
certain veterans; and
(2) such entity has not submitted a report as
required by that section for the most recent year for
which such requirement was applicable to such entity.
Sec. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
Sec. 513. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section
224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the certifications
required by paragraph (4) of such section.
Sec. 514. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2021, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or
activities presently performed by Federal employees;
unless the Committees on Appropriations of the House of
Representatives and the Senate are consulted 15 days in advance
of such reprogramming or of an announcement of intent relating
to such reprogramming, whichever occurs earlier, and are
notified in writing 10 days in advance of such reprogramming.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in
fiscal year 2021, or provided from any accounts in the Treasury
of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds in excess of $500,000 or 10 percent, whichever is
less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing
program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or
(3) results from any general savings from a reduction
in personnel which would result in a change in existing
programs, activities, or projects as approved by
Congress;
unless the Committees on Appropriations of the House of
Representatives and the Senate are consulted 15 days in advance
of such reprogramming or of an announcement of intent relating
to such reprogramming, whichever occurs earlier, and are
notified in writing 10 days in advance of such reprogramming.
Sec. 515. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political
affiliation or voting history of the candidate or the position
that the candidate holds with respect to political issues not
directly related to and necessary for the work of the committee
involved.
(b) None of the funds made available in this Act may be used
to disseminate information that is deliberately false or
misleading.
Sec. 516. Within 45 days of enactment of this Act, each
department and related agency funded through this Act shall
submit an operating plan that details at the program, project,
and activity level any funding allocations for fiscal year 2021
that are different than those specified in this Act, the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or the fiscal
year 2021 budget request.
Sec. 517. The Secretaries of Labor, Health and Human
Services, and Education shall each prepare and submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report on the number and amount of contracts,
grants, and cooperative agreements exceeding $500,000,
individually or in total for a particular project, activity, or
programmatic initiative, in value and awarded by the Department
on a non-competitive basis during each quarter of fiscal year
2021, but not to include grants awarded on a formula basis or
directed by law. Such report shall include the name of the
contractor or grantee, the amount of funding, the governmental
purpose, including a justification for issuing the award on a
non-competitive basis. Such report shall be transmitted to the
Committees within 30 days after the end of the quarter for
which the report is submitted.
Sec. 518. None of the funds appropriated in this Act shall
be expended or obligated by the Commissioner of Social
Security, for purposes of administering Social Security benefit
payments under title II of the Social Security Act, to process
any claim for credit for a quarter of coverage based on work
performed under a social security account number that is not
the claimant's number and the performance of such work under
such number has formed the basis for a conviction of the
claimant of a violation of section 208(a)(6) or (7) of the
Social Security Act.
Sec. 519. None of the funds appropriated by this Act may be
used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees of
the Social Security Administration to administer Social
Security benefit payments, under any agreement between the
United States and Mexico establishing totalization arrangements
between the social security system established by title II of
the Social Security Act and the social security system of
Mexico, which would not otherwise be payable but for such
agreement.
Sec. 520. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 521. None of the funds made available under this or any
other Act, or any prior Appropriations Act, may be provided to
the Association of Community Organizations for Reform Now
(ACORN), or any of its affiliates, subsidiaries, allied
organizations, or successors.
Sec. 522. For purposes of carrying out Executive Order
13589, Office of Management and Budget Memorandum M-12-12 dated
May 11, 2012, and requirements contained in the annual
appropriations bills relating to conference attendance and
expenditures:
(1) the operating divisions of HHS shall be
considered independent agencies; and
(2) attendance at and support for scientific
conferences shall be tabulated separately from and not
included in agency totals.
Sec. 523. Federal agencies funded under this Act shall
clearly state within the text, audio, or video used for
advertising or educational purposes, including emails or
Internet postings, that the communication is printed,
published, or produced and disseminated at U.S. taxpayer
expense. The funds used by a Federal agency to carry out this
requirement shall be derived from amounts made available to the
agency for advertising or other communications regarding the
programs and activities of the agency.
Sec. 524. (a) Federal agencies may use Federal discretionary
funds that are made available in this Act to carry out up to 10
Performance Partnership Pilots. Such Pilots shall be governed
by the provisions of section 526 of division H of Public Law
113-76, except that in carrying out such Pilots section 526
shall be applied by substituting ``Fiscal Year 2021'' for
``Fiscal Year 2014'' in the title of subsection (b) and by
substituting ``September 30, 2025'' for ``September 30, 2018''
each place it appears: Provided, That such pilots shall
include communities that have experienced civil unrest.
(b) In addition, Federal agencies may use Federal
discretionary funds that are made available in this Act to
participate in Performance Partnership Pilots that are being
carried out pursuant to the authority provided by section 526
of division H of Public Law 113-76, section 524 of division G
of Public Law 113-235, section 525 of division H of Public Law
114-113, section 525 of division H of Public Law 115-31,
section 525 of division H of Public Law 115-141, and section
524 of division A of Public Law 116-94.
(c) Pilot sites selected under authorities in this Act and
prior appropriations Acts may be granted by relevant agencies
up to an additional 5 years to operate under such authorities.
Sec. 525. Not later than 30 days after the end of each
calendar quarter, beginning with the first month of fiscal year
2021 the Departments of Labor, Health and Human Services and
Education and the Social Security Administration shall provide
the Committees on Appropriations of the House of
Representatives and Senate a report on the status of balances
of appropriations: Provided, That for balances that are
unobligated and uncommitted, committed, and obligated but
unexpended, the monthly reports shall separately identify the
amounts attributable to each source year of appropriation
(beginning with fiscal year 2012, or, to the extent feasible,
earlier fiscal years) from which balances were derived.
Sec. 526. The Departments of Labor, Health and Human
Services, or Education shall provide to the Committees on
Appropriations of the House of Representatives and the Senate a
comprehensive list of any new or competitive grant award
notifications, including supplements, issued at the discretion
of such Departments not less than 3 full business days before
any entity selected to receive a grant award is announced by
the Department or its offices (other than emergency response
grants at any time of the year or for grant awards made during
the last 10 business days of the fiscal year, or if applicable,
of the program year).
Sec. 527. Notwithstanding any other provision of this Act,
no funds appropriated in this Act shall be used to purchase
sterile needles or syringes for the hypodermic injection of any
illegal drug: Provided, That such limitation does not apply to
the use of funds for elements of a program other than making
such purchases if the relevant State or local health
department, in consultation with the Centers for Disease
Control and Prevention, determines that the State or local
jurisdiction, as applicable, is experiencing, or is at risk
for, a significant increase in hepatitis infections or an HIV
outbreak due to injection drug use, and such program is
operating in accordance with State and local law.
Sec. 528. Each department and related agency funded through
this Act shall provide answers to questions submitted for the
record by members of the Committee within 45 business days
after receipt.
(rescission)
Sec. 529. Of the unobligated balances made available by
section 301(b)(3) of Public Law 114-10, $2,000,000,000 are
hereby rescinded.
(rescission)
Sec. 530. Of any available amounts appropriated under
section 2104(a)(24) of the Social Security Act (42 U.S.C.
1397dd) that are unobligated as of September 25, 2021,
$1,000,000,000 are hereby rescinded as of such date.
Sec. 531. Of the unobligated balances made available for
purposes of carrying out section 2105(a)(3) of the Social
Security Act, $4,000,000,000 shall not be available for
obligation in this fiscal year.
Sec. 532. Of amounts deposited in the Child Enrollment
Contingency Fund under section 2104(n)(2) of the Social
Security Act and the income derived from investment of those
funds pursuant to section 2104(n)(2)(C) of that Act,
$14,000,000,000 shall not be available for obligation in this
fiscal year.
Sec. 533. For an additional amount for ``Department of
Health and Human Services--Administration for Children and
Families--Children and Families Services Programs'',
$638,000,000, to prevent, prepare for, and respond to
coronavirus, for necessary expenses for grants to carry out a
Low-Income Household Drinking Water and Wastewater Emergency
Assistance Program: Provided, That the Secretary of Health and
Human Services shall make grants to States and Indian Tribes to
assist low-income households, particularly those with the
lowest incomes, that pay a high proportion of household income
for drinking water and wastewater services, by providing funds
to owners or operators of public water systems or treatment
works to reduce arrearages of and rates charged to such
households for such services: Provided further, That in
carrying out this appropriation, the Secretary, States, and
Indian Tribes, as applicable, shall, as appropriate and to the
extent practicable, use existing processes, procedures,
policies, and systems in place to provide assistance to low-
income households, including by using existing programs and
program announcements, application and approval processes:
Provided further, That the Secretary shall allot amounts
appropriated in this section to a State or Indian Tribe based
on the following (i) the percentage of households in the State,
or under the jurisdiction of the Indian Tribe, with income
equal to or less than 150 percent of the Federal poverty line,
and (ii) the percentage of such households in the State, or
under the jurisdiction of the Indian Tribe, that spend more
than 30 percent of monthly income on housing: Provided
further, That up to 3 percent of the amount appropriated in
this section shall be reserved for Indian Tribes and tribal
organizations: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
This division may be cited as the ``Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2021''.
[Clerk's note.--Reproduced below is the material relating
to division H contained in the Explanatory Statement regarding
H.R. 133, the Consolidated Appropriations Act, 2021.\1\]
---------------------------------------------------------------------------
\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
December 21, 2020 by Mrs. Lowey of New York, Chairwoman of the House
Committee on Appropriations. The Statement appears on page H8619 of
Book IV.
---------------------------------------------------------------------------
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
The explanatory statement accompanying this division is
approved and indicates Congressional intent. Unless otherwise
noted, the language set forth in House Report 116-450 carries
the same weight as language included in this explanatory
statement and should be complied with unless specifically
addressed to the contrary in this explanatory statement. While
some language is repeated for emphasis, it is not intended to
negate the language referred to above unless expressly provided
herein.
In providing the operating plan required by section 516 of
this Act, the departments and agencies funded in this Act are
directed to include all programs, projects, and activities,
including those in House Report 116-450 and this explanatory
statement accompanying this Act. All such programs, projects,
and activities are subject to the provisions of this Act.
In cases where House Report 116-450 or this explanatory
statement directs the submission of a report, that report is to
be submitted to the Committees on Appropriations of the House
of Representatives and the Senate. Where this explanatory
statement refers to the Committees or the Committees on
Appropriations, unless otherwise noted, this reference is to
the House of Representatives Subcommittee on Labor, Health and
Human Services, Education, and Related Agencies and the Senate
Subcommittee on Labor, Health and Human Services, Education,
and Related Agencies.
Each department and agency funded in this Act shall follow
the directions set forth in this Act and the accompanying
explanatory statement and shall not reallocate resources or
reorganize activities except as provided herein. Funds for
individual programs and activities are displayed in the
detailed table at the end of the explanatory statement
accompanying this Act. Funding levels that are not displayed in
the detailed table are identified within this explanatory
statement. Any action to eliminate or consolidate programs,
projects, and activities should be pursued through a proposal
in the President's Budget so it can be considered by the
Committees on Appropriations.
Congressional Reports.--Each department and agency is
directed to provide the Committees on Appropriations, within 30
days from the date of enactment of this Act and quarterly
thereafter, a summary describing each requested report to the
Committees on Appropriations along with its status.
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration (ETA)
TRAINING AND EMPLOYMENT SERVICES
Dislocated Worker National Reserve
Career Pathways for Youth Grants.--The agreement continues
to provide $10,000,000 for this activity as described under
this heading in House Report 116-450.
Strengthening Community College Training Grants (SCCTG).--
The agreement provides $45,000,000 for the SCCTG program and
directs the Department to follow all requirements for the
program as described under this heading in the explanatory
statement accompanying the Further Consolidated Appropriations
Act, 2020 (Public Law 116-94) and House Report 116-450, except
that the 120 day requirement for the solicitation shall not
apply.
Workforce Opportunity for Rural Communities.--The agreement
provides $35,000,000 to continue this program in the
Appalachian and Delta regions. The Department is strongly
encouraged to develop the funding opportunity announcement and
make grant awards in concordance with the Appalachian Regional
Commission and the Delta Regional Authority. The Department is
directed to ensure equal allocation of funds to the Appalachian
and Delta regions and broad geographic distribution of funds
within these regions, and awards should not exceed $1,500,000
per award.
Apprenticeship Grant Program
The agreement provides $185,000,000 to support registered
apprenticeships and includes new bill language ensuring that
equity intermediaries and business and labor industry
intermediaries continue to remain eligible for funding under
the program.
The agreement notes that funding under this program should
be prioritized to support State, regional, and local
apprenticeship efforts, as well as efforts by intermediaries,
to expand registered apprenticeships into new industries and
for underserved or underrepresented populations.
The agreement directs the Department to provide quarterly
briefings on all spending activities under this program to the
Committees, and to comply with reporting directives in House
Report 116-450, including a detailed spend plan within 90 days
of enactment of this Act.
JOB CORPS
Job Corps.--In addition to the directives included in House
Report 116-450, the agreement encourages the Department to
ensure sufficient training opportunities and slots are
available in regions where a Job Corps Center has closed or
remained inactive due to damage caused by a natural disaster.
The Department is expected to continue to comply with the
directives under the heading ``Job Corps'' in Senate Report
115-289.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS
Unemployment Insurance Compensation
National Activities.--The agreement provides an increase of
$6,000,000 to help modernize the Unemployment Insurance (UI)
Interstate Connection Network hub and support States in
administering the UI program.
UI Integrity Center of Excellence (UIICE).--The agreement
provides $9,000,000 for the continued support of UIICE,
including $6,000,000 for the benefit of States to the entity
operating the UIICE.
Employment Service
National Activities.--The agreement provides $2,500,000 and
new bill language to reduce the processing backlog for the work
opportunity tax credit program and for assisting States in
adopting or modernizing information technology for processing
of certification requests, which may include training and
technical assistance to States.
Foreign Labor Certification
The agreement urges the Department to provide careful
oversight and transparency related to the timely processing of
visa applications for temporary employment certifications.
Program Administration
Open Data Formats.--The Department is encouraged to require
any information publicly disclosed related to occupational and
professional licenses and certifications, as well as
credentials and competencies earned through apprenticeships,
whether directly or through contracts, be published using an
open source description language that is designed to allow for
public search and comparison of such data, including any such
data on credentials and competencies. Such information may be
published through open data formats such as the credential
transparency description language specifications or a
substantially similar approach. The Department is further
encouraged to submit a report to the Committees within 120 days
of enactment of this Act, outlining a plan for providing such
data, including any challenges, barriers to implementation, as
well as anticipated costs.
Outlying Areas.--The agreement notes the unique challenges
associated with administering Workforce Innovation and
Opportunity Act (WIOA) grants for outlying areas. The agreement
encourages the Department to provide technical assistance to
the outlying areas to address these challenges, and the
agreement directs the Department to provide a briefing to the
Committees, within 120 days of enactment of this Act, on how
the Department intends to provide greater assistance to the
outlying areas in administering WIOA grants.
Employee Benefits Security Administration (EBSA)
The agreement requests a report not later than 1 year after
enactment of this Act assessing the impact of the rule (85 FR
31884) on individuals residing in rural and remote areas,
seniors, and other populations that either lack access to web-
based communications or who may only have access through public
means.
The agreement encourages EBSA, in consultation with the
Centers for Medicare and Medicaid Services, to issue regular
guidance to ensure compliance with the Mental Health Parity and
Addiction Equity Act.
Occupational Safety and Health Administration (OSHA)
The agreement continues to provide no less than $3,500,000
for the Voluntary Protection Program (VPP). In the fiscal year
2022 Congressional Justification, OSHA is directed to include
annual expenditures on VPP for each year since fiscal year 2015
as well as proposed expenditures in fiscal year 2022.
Mine Safety and Health Administration (MSHA)
Inspector Training.--It is imperative that all inspectors
receive proper, new and ongoing training needed to effectively
conduct their work. MSHA is directed to report to the
Committees on Appropriations within 120 days of enactment of
this Act on its plan to ensure inspectors receive initial and
other training needed to perform their job consistent with MSHA
policies and procedures.
Redistricting.--There is concern that information about
redistricting did not reach some affected operators until after
the changes had occurred, which created confusion, frustration,
and put miners at risk. MSHA is directed to report to the
Committees on Appropriations within 60 days of the enactment of
this Act on the steps to communicate future redistricting
changes with Congress and the regulated community. To the
extent practicable, the agreement urges MSHA to provide advance
notification to the Committees on Appropriations of
redistricting changes.
Bureau of Labor Statistics (BLS)
The agreement is supportive of the BLS work plan and
directives included in House Report 116-450. The agreement
includes $13,000,000 to complete the relocation of the BLS
headquarters, which was initiated in fiscal year 2020. The
report requested in House Report 116-450 regarding the
relocation of the BLS headquarters shall also be submitted to
all committees of jurisdiction.
Departmental Management
Federal Law Enforcement.--The agreement notes that the
explanatory statement accompanying the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2021 directs
the Attorney General to ensure implementation of evidence-based
training programs on de-escalation and the use-of-force, as
well as on police-community relations, that are broadly
applicable and scalable to all Federal law enforcement
agencies. The agreement further notes that several agencies
funded by this Act employ Federal law enforcement officers and
are Federal Law Enforcement Training Centers partner
organizations. The agreement directs such agencies to consult
with the Attorney General regarding the implementation of these
programs for their law enforcement officers. The agreement
further directs such agencies to brief the Committees on
Appropriations on their efforts relating to such implementation
no later than 90 days after consultation with the Attorney
General. In addition, the agreement directs such agencies, to
the extent that they are not already participating, to consult
with the Attorney General and the Director of the FBI regarding
participation in the National Use-of-Force Data Collection. The
agreement further directs such agencies to brief the Committees
on Appropriations, no later than 90 days after enactment of
this Act, on their current efforts to so participate.
Forced Labor.--The agreement requests a briefing on the
Department's participation in interagency efforts to combat
forced labor, including any work with the Department of
Homeland Security, Department of Justice, and Department of
State. The Department shall brief the Committees on
Appropriations within 180 days of enactment of this Act.
IT Modernization
The agreement requests a briefing on the activities
described under this heading in Senate Report 115-289 within
180 days of enactment of this Act.
General Provisions
The agreement includes a technical modification related to
evaluations.
The agreement modifies a provision related to H-1B fees.
The agreement includes a new provision related to the Jobs
for Veterans State Grants program.
The agreement includes a new provision related to the
average weekly insured unemployment.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration (HRSA)
PRIMARY HEALTH CARE
Ending the HIV Epidemic.--The agreement includes
$102,250,000 within the Health Centers program for the Ending
the HIV Epidemic Initiative.
HRSA Strategy to Address Intimate Partner Violence and
Project Catalyst.--The agreement includes no less than
$1,500,000 for the HRSA Strategy to Address Intimate Partner
Violence as described in House Report 116-450.
Native Hawaiian Health Care.--The agreement includes no
less than $20,500,000 for the Native Hawaiian Health Care
Program.
School-Based Health Centers.--The agreement includes an
increase of $5,000,000 for school-based health centers funded
under Section 330 of the Public Health Service (PHS) Act, as
described in House Report 116-450.
Technical Assistance.--The agreement includes funds to
enhance technical assistance and training activities, as
described in Senate Report 115-289, and also provides
$1,500,000 for technical assistance grants in States with a
disproportionate share of new HIV diagnoses in rural areas.
HEALTH WORKFORCE
Midwife Training.--Within the total funding for
Scholarships for Disadvantaged Students, the agreement includes
$2,500,000 to educate midwives to address the national shortage
of maternity care providers and the lack of diversity in the
maternity care workforce.
Area Health Education Centers (AHEC).--The agreement
includes a $2,000,000 increase for new competitive grants to
expand experiential learning opportunities through simulation
labs designed to educate and train healthcare professionals
serving rural, medically underserved communities, that shall
include as an allowable use the purchase of simulation training
equipment. HRSA is directed to consider and prioritize projects
from AHEC recipients with a history of successfully graduating
and placing graduates in rural, medically underserved
communities.
Graduate Psychology Education (GPE).--Within the total for
Mental and Behavioral Health, the agreement includes
$19,000,000 for GPE.
Peer Support.--Within the total for Behavioral Health
Workforce Education and Training (BHWET), the agreement
includes no less than $13,000,000 for community-based
experiential training for students preparing to become peer
support specialists and other types of behavioral health-
related paraprofessionals, as described in House Report 116-
450.
Mental and Substance Use Disorder Workforce Training
Demonstration.--Within the total for BHWET, the agreement
includes $29,700,000 for the Mental and Substance Use Disorder
Workforce Training Demonstration program. Within this total,
the agreement includes an additional $3,000,000 for new grants
to expand the number of nurse practitioners, physician
assistants, health service psychologists, and social workers
trained to provide mental and substance use disorder services
in underserved community-based settings that integrate primary
care and mental and substance use disorder services, which may
include establishing, maintaining, or improving academic units
or programs to support those activities, as authorized under
section 760 of the PHS Act.
Loan Repayment Program for Substance Use Disorder Treatment
Workforce.--Within the total for BHWET, the agreement includes
$16,000,000 for this program.
Nurse Practitioner Optional Fellowship Program.--The
agreement provides $5,000,000 for this program, as described in
House Report 116-450.
Nurse Education, Practice, Quality and Retention.--The
agreement includes an increase of $3,000,000 for new
competitive grants to expand experiential learning
opportunities that shall include as an allowable use the
purchase of simulation training equipment. HRSA shall give
priority to grantees located in a medically-underserved area in
a State with an age-adjusted high burden of stroke, heart
disease, and obesity, and HRSA is encouraged to prioritize
submissions that support high poverty rate communities.
Nursing Workforce Diversity.--The agreement includes
$2,500,000 for the Eldercare Enhancement program, started in
fiscal year 2020, as described under this heading in the
explanatory statement accompanying the Consolidated
Appropriations Act, 2020 (Public Law 116-94).
Pain Therapeutics and Opioid Training.--The agreement
supports training on best practices for health care providers
and trainees in opioid prescribing, pain management, screening,
and linkage to care for individuals with substance use
disorder.
Alzheimer's Providers.--The agreement directs HRSA, in
consultation with the Assistant Secretary for Planning and
Evaluation, to provide a report to the Committees on
Appropriations on the current capacity of the Nation's dementia
specialists not later than 15 months after enactment of this
Act. The report should assess provider shortages and screening
capacity, identify barriers for early detection of Alzheimer's
and adequate access to care, and provide recommendations to
address any provider shortages and streamline the patient's
Alzheimer's diagnostic pathway.
MATERNAL AND CHILD HEALTH
Maternal and Child Health Block Grant Special Projects of Regional and
National Significance (SPRANS)
Adverse Childhood Experiences.--The agreement includes
$1,000,000 for a study focused on the implementation of
screening protocols and evidence-based interventions for
individuals who have experienced adverse childhood experiences,
as described in House Report 116-450.
Alliance for Maternal Health Safety Bundles.--The agreement
includes $9,000,000 for this activity, as described in House
Report 116-450.
Children's Health and Development.--The agreement provides
$3,500,000 within SPRANS for another year of funding for the
study focused on improving child health through a statewide
system of early childhood developmental screenings and
interventions.
Infant-Toddler Court Teams.--The agreement provides level
funding within SPRANS for Infant-Toddler Court Teams.
Maternal Mental Health Hotline.--The agreement includes
$3,000,000 for this activity, as described in House Report 116-
450.
Regional Pediatric Pandemic Network.--The agreement
provides $10,000,000 within SPRANS to establish a regional
pediatric pandemic network comprised of five children's
hospitals (centers) as defined by section 340E of the PHS Act
(Public Law 106-129) or their affiliated university pediatric
partners. The Network shall coordinate among the Nation's
pediatric hospitals and their communities in preparing for and
responding to global health threats, including the
coordination, preparation, response, and real-time
dissemination of research-informed pediatric care for future
pandemics. Funding shall be equitably distributed among the
five centers and the centers shall be located in geographically
diverse areas of the country to ensure a regional approach to
the network. HRSA is urged to consider eligible pediatric
quaternary hospitals or their affiliated university pediatric
partners that have participated in a recent pediatric
therapeutic or vaccination clinical trial or other pediatric
disaster care program. HRSA is directed to establish at least
one such center in a State within both the Delta Regional
Authority and Appalachian Regional Commission. HRSA is directed
to establish at least one such center at a pediatric hospital
in each of HRSA's regions V and VII, and at least one such
center in region VIII or X. HRSA is also directed to establish
at least one such center at a pediatric hospital that is a
primary National Institutes of Health Clinical and
Translational Science Award grantee or a partner that
contributes to the budget request of an academic medical
center's application.
State Maternal Health Innovation Grants.--The agreement
includes level funding for this activity.
Set-asides within SPRANS.--The agreement includes the
following set-asides within SPRANS. Within the set-aside for
Oral Health, $250,000 is provided for activities described in
House Report 116-450.
------------------------------------------------------------------------
FY 2021
Budget Activity Agreement
------------------------------------------------------------------------
Set-aside for Oral Health............................... $5,250,000
Set-aside for Epilepsy.................................. 3,642,000
Set-aside for Sickle Cell Disease....................... 5,000,000
Set-aside for Fetal Alcohol Syndrome.................... 1,000,000
------------------------------------------------------------------------
Autism and Other Developmental Disorders.--The agreement
provides not less than $36,245,000 for the Leadership Education
in Neurodevelopmental and Related Disabilities program.
Severe Combined Immune Deficiency (SCID).--Within the total
funding level for Heritable Disorders, the agreement includes
$3,000,000 to support newborn screening and follow-up for SCID
and other newborn screening disorders. The agreement encourages
HRSA to support efforts to develop telehealth approaches to
link families in rural and underserved communities with support
and resources, engage providers in education or training
related to SCID and other newborn screening disorders, and
establish mechanisms to obtain long-term outcomes information
on infants with SCID and other newborn screening disorders
through newborn screening.
Healthy Start.--The agreement includes no less than
$15,000,000 within the total for Healthy Start for the
initiative to reduce maternal mortality, allowing Healthy Start
grantees to support nurse practitioners, certified nurse
midwives, physician assistants, and other maternal-child
advanced practice health professionals within all program sites
nationwide.
RYAN WHITE HIV/AIDS PROGRAM
Ending the HIV Epidemic.--The agreement includes
$105,000,000 within the Ryan White program for the Ending the
HIV Epidemic initiative.
The agreement encourages the acceleration of the
development of oral, ultra-long-acting, sustained-release
therapies as part of the Ending the HIV Epidemic initiative.
HEALTH CARE SYSTEMS
National Living Donor Assistance Center.--Within the total
for Organ Transplantation, the agreement includes no less than
$6,000,000 for the National Living Donor Assistance Center, as
described in House Report 116-450.
Organ Allocation Policy.--HRSA and the Organ Procurement
and Transplantation Network are encouraged to ensure the
process for changing organ allocation policies is transparent,
thorough, and accommodates the recommendations of
transplantation and organ donation professionals.
RURAL HEALTH
Rural Health Outreach.--The agreement provides not less
than $24,000,000 for the Delta States Rural Development Network
Grant Program, including $12,000,000 to support HRSA's
collaboration with the Delta Regional Authority, as described
under this heading in Conference Report 115-952. The agreement
encourages HRSA to consult with the Northern Border Regional
Commission (NBRC) on awarding, implementing, administering, and
monitoring grants under rural health outreach and to align
awards as closely as possible with the region's strategic
vision and economic and community development plans. The
agreement provides no less than $1,000,000 to support HRSA's
collaboration with the NBRC to help underserved rural
communities identify and better address their health care needs
and to help small rural hospitals improve their financial and
operational performance.
Telementoring Training Center.--The agreement includes
$1,000,000 within the total for Rural Health Research and
Policy Development to support a telementoring training center
as described in House Report 116-450.
Technology-Enabled Collaborative Learning Capacity Building
Models Grants.--The agreement includes $4,500,000 for this
activity as described in House Report 116-450.
Telehealth Centers of Excellence (COE).--The agreement
includes $6,500,000 for the Telehealth COE awarded sites. The
agreement directs HHS and HRSA to continue to utilize the
expertise of the COEs in the Ending the HIV Epidemic initiative
to develop best practices for utilizing telehealth in HIV
prevention, care, and treatment.
Telehealth Evaluation.--The agreement provides $1,000,000
to support a comprehensive evaluation of nationwide telehealth
investments in rural areas and populations, as described in
House Report 116-450.
Rural Communities Opioids Response.--The agreement includes
$110,000,000 to continue the program, including $1,500,000 of
the funds available for career and workforce training
activities in the NBRC region to assist individuals affected by
a substance use disorder. Within the funding provided, the
agreement includes $10,000,000 to continue the three Rural
Centers of Excellence (Centers), as established by Public Law
115-245 and as directed by Conference Report 115-952, and
continued in Public Law 116-94 and further directed in the
explanatory statement to accompany Public Law 116-94. In
addition to the conditions set forth in Conference Report 115-
952, the Centers shall work to create a collaborative, multi-
partner regional clearinghouse to identify predictors of
substance use disorder treatment response.
Rural Populations.--The agreement directs HRSA to provide a
briefing to the Committees within 90 days of enactment of this
Act on changes to the rural designation methodology and
additional factors that affect eligibility for the purposes of
rural health grants funded by this Act.
FAMILY PLANNING
The Family Planning program administers Title X of the PHS
Act. This program supports preventive and primary healthcare
services at clinics nationwide. The agreement does not include
language proposed by the House.
PROGRAM MANAGEMENT
Chief Dental Officer.--The agreement requests the update as
part of the fiscal year 2022 Congressional Justification.
Oral Health Literacy.--The agreement includes $300,000 for
the activity described under this heading in House Report 116-
450.
Centers for Disease Control and Prevention
The agreement provides $7,874,804,000 in total program
level funding for the Centers for Disease Control and
Prevention (CDC), which includes $6,963,296,000 in budget
authority and $856,150,000 in transfers from the Prevention and
Public Health (PPH) Fund.
INMUNIZATION AND RESPIRATORY DISEASES
The agreement provides a total of $821,005,000 for
Immunization and Respiratory Diseases, which includes
$448,805,000 in discretionary appropriations and $372,200,000
in transfers from the PPH Fund. Within this total, the
agreement includes the following amounts:
------------------------------------------------------------------------
FY 2021
Budget Activity Agreement
------------------------------------------------------------------------
Section 317 Immunization Program........................ $613,647,000
Acute Flaccid Myelitis.................................. 6,000,000
Influenza Planning and Response......................... 201,358,000
------------------------------------------------------------------------
Influenza Planning and Response.--The agreement includes an
increase to enhance CDC's influenza activities.
HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES AND
TUBERCULOSIS PREVENTION
The agreement provides $1,314,056,000 for HIV/AIDS, Viral
Hepatitis, Sexually Transmitted Diseases, and Tuberculosis
Prevention. Within this total, the agreement includes the
following amounts:
------------------------------------------------------------------------
FY 2021
Budget Activity Agreement
------------------------------------------------------------------------
Domestic HIV/AIDS Prevention and Research............... $964,712,000
HIV Initiative........................................ 175,000,000
School Health......................................... 34,081,000
Viral Hepatitis......................................... 39,500,000
Sexually Transmitted Infections......................... 161,810,000
Tuberculosis............................................ 135,034,000
Infectious Diseases and the Opioid Epidemic............. 13,000,000
------------------------------------------------------------------------
Hepatitis A Vaccination.--CDC is encouraged to promote
awareness about the importance of hepatitis A vaccination among
persons who use drugs.
HIV Initiative.--The agreement includes increased funding
to reduce new HIV infections and requests a spend plan to be
submitted to the Committees within 180 days of enactment of
this Act to include funding distribution to States.
Infectious Diseases and the Opioid Epidemic.--The agreement
provides an increase to strengthen surveillance to improve
knowledge of the full scope of the burden of infectious
diseases (including viral, bacterial, and fungal pathogens)
associated with substance use disorders. CDC is encouraged to
consider risk factors for hepatitis B and C, HIV, and morbidity
and mortality related to substance use disorder among other
factors when distributing funding.
Rapid HIV Self-Test.--CDC is encouraged to incorporate
rapid HIV self-testing into established activities and emerging
efforts of the Ending the HIV Epidemic initiative.
Sexually Transmitted Infections (STI).--The agreement
includes an increase to reduce rising STI rates.
EMERGING AND ZOONOTIC INFECTIOUS DISEASES
The agreement provides $648,272,000 for Emerging and
Zoonotic Infectious Diseases, which includes $596,272,000 in
discretionary appropriations and $52,000,000 in transfers from
the PPH Fund. Within this total, the agreement includes the
following amounts:
------------------------------------------------------------------------
FY 2021
Budget Activity Agreement
------------------------------------------------------------------------
Antibiotic Resistance Initiative........................ 172,000,000
Victor-Borne Diseases................................... 42,603,000
Lyme Disease............................................ 16,000,000
Prion Disease........................................... 6,500,000
Chronic Fatigue Syndrome................................ 5,400,000
Emerging Infectious Diseases............................ 192,997,000
Harmful Algal Blooms.................................... 2,000,000
Food Safety............................................. 65,000,000
National Healthcare Safety Network...................... 21,000,000
Quarantine.............................................. 42,772,000
Advanced Molecular Detection............................ 30,000,000
Epidemiology and Lab Capacity........................... 40,000,000
Healthcare-Associated Infections........................ 12,000,000
------------------------------------------------------------------------
Antimicrobial Resistance (AMR).--The agreement provides an
increase to support AMR programs and directs CDC to expand
prevention efforts to reduce the emergence and spread of AMR
pathogens and improve appropriate antibiotic use. The agreement
also directs CDC to utilize these funds to expand laboratory
and epidemiological surveillance of bacterial and fungal co-
infections. The agreement continues to include $500,000 for CDC
to use their broad agency agreement to fund innovative projects
that use population-based research to define risk factors for
these pathogens in community settings.
Food Safety.--The agreement includes an increase to help
address critical unmet needs.
Lyme Disease and Related Tick-Borne Illnesses.--The
agreement includes an increase for the Kay Hagan Tick Act (P.L.
116-94), to promote a public health approach to combat rising
cases of tick-borne diseases. In distributing funds, the
agreement directs CDC to prioritize entities focused on Lyme
disease and related tick-borne diseases. The agreement directs
CDC to develop and implement methods to improve surveillance to
more accurately report the disease burden, including through
the development of real time data, as well as a process for
estimating the prevalence of Post-Treatment Lyme Disease
Syndrome. The agreement directs CDC to direct funding to
improve early diagnosis of Lyme and related tick-borne diseases
to prevent the development of late stage disease and more
serious and long-term disability. Further, the agreement
directs CDC to include a spend plan for implementation of such
public law in the fiscal year 2022 Congressional Justification.
The agreement encourages CDC, in coordination with NINDS and
NIMH, to include in its surveillance the long-term effects. CDC
is also encouraged to coordinate with NIH on publishing reports
that assess prevention, treatment, diagnostic advancements, and
links between tick-borne disease and psychiatric illnesses. CDC
is encouraged to focus efforts in endemic areas as well as
areas not yet considered endemic.
Mycotic Diseases.--The agreement provides an increase of
$2,000,000 in Emerging Infectious Diseases for mycotic diseases
and directs CDC to fully utilize its clinical trial partners
and the Mycoses Study Group to address the growing threat from
mycological infection in the United States and around the
world.
Wastewater Surveillance.--The agreement encourages the CDC
to leverage existing partnerships and infrastructure when
building capacity in wastewater surveillance.
CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION
The agreement provides $1,276,664,000 for Chronic Disease
Prevention and Health Promotion, which includes $1,021,714,000
in discretionary appropriations and $254,950,000 in transfers
from the PPH Fund. Within this total, the agreement includes
the following amounts:
------------------------------------------------------------------------
FY 2021
Budget Activity Agreement
------------------------------------------------------------------------
Tobacco................................................. $237,500,000
Nutrition, Physical Activity, and Obesity............... 56,920,000
High Obesity Rate Counties............................ 15,000,000
School Health........................................... 15,400,000
Health Promotion........................................ 35,600,000
Glaucoma.............................................. 4,000,000
Vision and Eye Health................................. 1,000,000
Alzheimer's Disease................................... 20,500,000
Inflammatory Bowel Disease............................ 1,000,000
Interstitial Cystitis................................. 1,100,000
Excessive Alcohol Use................................. 4,000,000
Chronic Kidney Disease................................ 2,500,000
Chronic Disease Education and Awareness............... 1,500,000
Prevention Research Centers............................. 26,961,000
Heart Disease and Stroke................................ 143,105,000
Diabetes................................................ 148,129,000
National Diabetes Prevention Program.................... 29,300,000
Cancer Prevention and Control........................... 385,799,000
Breast and Cervical Cancer............................ 225,000,000
WISEWOMAN........................................... 28,120,000
Breast Cancer Awareness for Young Women............... 4,960,000
Cancer Registries..................................... 51,440,000
Colorectal Cancer..................................... 43,294,000
Comprehensive Cancer.................................. 20,425,000
Johanna's Law......................................... 10,000,000
Ovarian Cancer........................................ 12,000,000
Prostate Cancer....................................... 14,205,000
Skin Cancer........................................... 4,000,000
Cancer Survivorship Resource Center................... 475,000
Oral Health............................................. 19,500,000
Safe Motherhood/Infant Health........................... 63,000,000
Maternal Mortality Review Committees.................. 17,000,000
Preterm Birth......................................... 2,000,000
Arthritis............................................... 11,000,000
Epilepsy................................................ 10,500,000
National Lupus Registry................................. 9,500,000
Racial and Ethnic Approaches to Community Health 63,950,000
(REACH)................................................
Good Health and Wellness in Indian Country............ 22,000,000
Social Determinants of Health........................... 3,000,000
Million Hearts.......................................... 4,000,000
National Early Child Care Collaboratives................ 4,000,000
Hospitals Promoting Breastfeeding....................... 9,500,000
------------------------------------------------------------------------
Alzheimer's Disease.--The agreement provides an increase to
build Alzheimer's disease and related dementias public health
infrastructure, as authorized by the BOLD Infrastructure for
Alzheimer's Act (P.L. 115-406).
Chronic Disease Education and Awareness.--The agreement
includes funding to establish a new competitive grant program
as directed in House Report 116-450.
Comprehensive Cancer.--The agreement provides $750,000 to
support CDC's Cancer Genomics Program. CDC shall prioritize new
resources for data collection in States with rates of annual
ovarian cancer of 11 or more new cases per 100,000 and rates of
annual breast cancer of more than 115 new cases per 100,000
according to CDC's 2017 cancer rate statistics.
Farm-to-School.--The agreement continues $2,000,000 within
Nutrition, Physical Activity, and Obesity for research and
education activities promoting healthy eating habits for
students. These grants support multi-agency and -organizational
State farm-to-early childhood programs with priority given to
entities with experience running farm-to-early childhood
programs. CDC is directed to coordinate these efforts with the
Office of Community Food Systems at the Department of
Agriculture.
Glaucoma.--The agreement encourages CDC to continue its
efforts to address disparities in glaucoma care and gaps in
early detection, referral, and treatment for high-risk
populations.
Heart Disease and Stroke Prevention.--The agreement
includes an increase to strengthen and expand evidence-based
heart disease and stroke prevention activities focused on high
risk populations.
Hospitals Promoting Breastfeeding.--The agreement includes
an increase for evidence-based practice improvements in
hospitals, with an emphasis on physician and care provider
education, with the aim of supporting breastfeeding and
increasing breastfeeding rates.
Incontinence Among Older Americans.--The agreement directs
CDC to provide an update to the June 2014 report on the
prevalence of incontinence among older Americans, including
prevalence among both institutionalized and non-
institutionalized populations in the fiscal year 2023
Congressional Justification.
Johanna's Law.--The agreement includes an increase to raise
awareness about the five main types of gynecological cancer.
Maternal Mortality Review Committees (MMRCs).--The
agreement provides an increase to expand these efforts and
expects CDC to build stronger data systems, improve data
collection at the State level, and create consistency in data
collection. Further, the agreement encourages CDC to support
data collection efforts to further understand maternal heart
disease and improve outcomes for pregnant women with heart
conditions.
National Lupus Patient Registry.--The agreement provides an
increase and encourages CDC to continue working with existing
childhood lupus registries to generate more robust information
about the prevalence of the disease in children across the
country and its impacts. The agreement also encourages CDC to
build on initiatives to partner with national voluntary health
agencies.
Ovarian Cancer.--The agreement provides an increase for
prevention activities.
School Sealant Programs.--The agreement encourages CDC to
engage Federal partners and external stakeholders, including
current and former grantees of the program, to determine how
Community Dental Health Coordinators can be used to educate and
provide preventative care in school-based settings.
Skin Cancer Education and Prevention.--The agreement notes
concern with the growing number of people diagnosed with
preventable forms of skin cancer. The agreement continues to
provide $4,000,000 for skin cancer education and prevention,
and encourages CDC to increase its collaboration and
partnership with local governments, business, health,
education, community, non-profit, and faith-based sectors.
Social Determinants of Health.--The agreement includes
funding to establish a pilot program as directed in House
Report 116-450.
Racial and Ethnic Approaches to Community Health (REACH).--
The agreement provides an increase to address racial and ethnic
health disparities.
Tobacco.--The agreement provides an increase to reduce
deaths and prevent chronic diseases, including addressing the
youth use of e-cigarettes.
WISEWOMAN.--The agreement includes an increase to provide
uninsured and under-insured, low-income women with lifesaving
preventive services.
BIRTH DEFECTS AND DEVELOPMENTAL DISABILITIES
The agreement provides $167,810,000 for Birth Defects and
Developmental Disabilities. Within this total, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2021
Budget Activity Agreement
------------------------------------------------------------------------
Child Health and Development............................ $65,800,000
Birth Defects......................................... 19,000,000
Fetal Death........................................... 900,000
Fetal Alcohol Syndrome................................ 11,000,000
Folic Acid............................................ 3,150,000
Infant Health......................................... 8,650,000
Autism................................................ 23,100,000
Health and Development for People with Disabilities..... 72,660,000
Disability & Health................................... 36,000,000
Tourette Syndrome..................................... 2,000,000
Early Hearing Detection and Intervention.............. 10,760,000
Muscular Dystrophy.................................... 6,000,000
Attention Deficit Hyperactivity Disorder.............. 1,900,000
Fragile X............................................. 2,000,000
Spina Bifida.......................................... 7,000,000
Congenital Heart...................................... 7,000,000
Public Health Approach to Blood Disorders............... 6,400,000
Hemophilia CDC Activities............................... 3,500,000
Hemophilia Treatment Centers............................ 5,100,000
Thalassemia............................................. 2,100,000
Neonatal Abstinence Syndrome............................ 2,250,000
Surveillance for Emerging Threats to Mothers and Babies. 10,000,000
------------------------------------------------------------------------
Congenital Heart Disease (CHD).--The agreement includes an
increase to further implement the screening, surveillance,
research, and awareness activities authorized by the Congenital
Heart Futures Reauthorization Act (P.L. 115-342).
Disability and Health.--The agreement provides an increase
and directs CDC to allocate the increase in the same manner as
directed in P.L. 115-245.
Duchenne Muscular Dystrophy.--The agreement encourages CDC
to continue supporting dissemination of the Duchenne Muscular
Dystrophy Care Considerations and to evaluate how widely they
have been adopted and whether there has been improvement in
patient outcomes, particularly in rural and underserved areas.
In addition, CDC is encouraged to consider the possible
relationship between patient outcomes and the presence of a
Certified Duchenne Care Center (CDCC). CDC is encouraged to
assess diagnostic odyssey and provider resource needs before
and after implementation of recommendations made by the
National Task Force for Early Identification of Childhood
Neuromuscular Disorders following the Mississippi Pilot of
2005-2008. This assessment should also focus on underserved
areas and include the relationship between outcomes and the
presence of a CDCC. CDC is also encouraged to develop a plan to
leverage the recently established ICD-10 code for Duchenne to
shift the Muscular Dystrophy Surveillance, Tracking, and
Research Network (MD STARnet) toward a more passive
surveillance effort enabling an expansion of MD STARnet to
additional sites and States. Further, CDC is encouraged to
expand surveillance of Duchenne/Becker via the MD STARnet and
support Duchenne newborn screening efforts.
Fragile X (FX).--The agreement encourages CDC to support
additional strategies to promote earlier identification of
children with FX, such as newborn screening, to work to ensure
underserved populations with FX conditions are being properly
diagnosed and are aware of available medical services.
Neonatal Abstinence Syndrome.--The agreement continues to
support CDC efforts to address neonatal abstinence syndrome
resulting from the overuse of opioids and other related
substances during pregnancy, including improved surveillance
and data to translate findings into improved care for mothers
and babies.
Sickle Cell Disease.--The agreement includes an increase of
$2,000,000 to support data collection efforts.
PUBLIC HEALTH SCIENTIFIC SERVICES
The agreement provides a total of $591,997,000 for Public
Health Scientific Services. Within this total, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2021
Budget Activity Agreement
------------------------------------------------------------------------
Health Statistics....................................... $175,397,000
Surveillance, Epidemiology, and Informatics............. 360,600,000
BioSense.............................................. 23,000,000
Public Health Data Modernization...................... 50,000,000
Public Health Workforce................................. 56,000,000
------------------------------------------------------------------------
Familial Hypercholesterolemia.--The agreement provides
$100,000 within Surveillance, Epidemiology, and Informatics and
encourages CDC to raise awareness of this condition.
National Health and Nutrition Examination Survey
(NHANES).--The agreement encourages CDC to fund childhood
obesity research, prevention, and treatment programs in non-
NHANES-represented States, and their native and underserved
populations.
National Neurological Conditions Surveillance System.--The
agreement provides a total of $5,000,000 within Surveillance,
Epidemiology, and Informatics to continue efforts on the two
initial conditions.
Public Health Data Modernization.--The agreement continues
funding for the foundational investments necessary to upgrade
the nation's public health data infrastructure. The Committees
request a spend plan and briefing no later than 120 days of
enactment of this Act on this effort.
Respiratory Syncytial Virus Surveillance (RSV).--The
agreement encourages CDC to continue investments in RSV
epidemiological research and to work with the Council of State
and Territorial Epidemiologists to establish RSV as a National
Notifiable Condition.
Strengthening Public Health Infrastructure.--The agreement
includes an increase for CDC to assist States and eligible
local public health agencies by strengthening basic
epidemiologic and laboratory capacity.
ENVIRONMENTAL HEALTH
The agreement provides $222,850,000 for Environmental
Health programs, which includes $205,850,000 in discretionary
appropriations and $17,000,000 in transfers from the PPH Fund.
Within this total, the agreement includes the following
amounts:
------------------------------------------------------------------------
FY 2021
Budget Activity Agreement
------------------------------------------------------------------------
Environmental Health Laboratory......................... $67,750,000
Other Environmental Health............................ 48,500,000
Newborn Screening Quality Assurance Program........... 18,000,000
Newborn Screening for SCID............................ 1,250,000
Environmental Health Activities......................... 47,600,000
Safe Water............................................ 8,600,000
Amyotrophic Lateral Sclerosis Registry................ 10,000,000
Trevor's Law.......................................... 2,000,000
Climate and Health.................................... 10,000,000
All Other Environmental Health........................ 17,000,000
Environmental and Health Outcome Tracking Network....... 34,000,000
Asthma.................................................. 30,000,000
Childhood Lead Poisoning................................ 39,000,000
Lead Exposure Registry.................................. 4,500,000
------------------------------------------------------------------------
Childhood Lead Poisoning.--The agreement includes an
increase for this program.
Training for Health Professionals on Per- and
Polyfluoroalkyl Substances (PFAS).--The agreement includes
$1,000,000 for grants for development of voluntary training
courses for health professionals to help these professionals
understand the potential health impact of PFAS exposure and
best practices for treatment. CDC is directed to award multiple
grants to medical society organizations, medical institutions
with expertise in PFAS, and other organizations as determined
appropriate by the Director to develop these training courses.
Lead Exposure Registry.--The agreement includes funding for
the continuation of the Flint, Michigan Lead Exposure Registry.
Trevor's Law.--The agreement provides an increase to better
understand the relationship between environmental exposures and
pediatric cancer, and to build capacity to conduct cancer
investigations in accordance with Trevor's Law (P.L. 114-182).
INJURY PREVENTION AND CONTROL
The agreement provides $682,879,000 for Injury Prevention
and Control activities. Within this total, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2021
Budget Activity Agreement
------------------------------------------------------------------------
Intentional Injury...................................... $123,550,000
Domestic Violence and Sexual Violence................. 34,200,000
Child Maltreatment.................................. 7,250,000
Child Sexual Abuse Prevention....................... 1,500,000
Youth Violence Prevention............................. 15,100,000
Domestic Violence Community Projects.................. 5,500,000
Rape Prevention....................................... 51,750,000
Suicide Prevention.................................... 12,000,000
Adverse Childhood Experiences......................... 5,000,000
National Violent Death Reporting System................. 24,500,000
Unintentional Injury.................................... 8,800,000
Traumatic Brain Injury................................ 6,750,000
Elderly Falls......................................... 2,050,000
Other Injury Prevention Activities...................... 28,950,000
Opioid Overdose Prevention and Surveillance............. 475,579,000
Injury Control Research Centers......................... 9,000,000
Firearm Injury and Mortality Prevention Research........ 12,500,000
------------------------------------------------------------------------
Adverse Childhood Experiences.--The agreement provides
funding to inform how adverse childhood experiences increase
the risk of future substance use disorders, suicide, mental
health conditions, and other chronic illnesses as authorized in
section 7131 of the SUPPORT Act (P.L. 115-271).
Firearm Injury and Mortality Prevention Research.--The
agreement includes $12,500,000 to conduct research on firearm
injury and mortality prevention. Given violence and suicide
have a number of causes, the agreement recommends the CDC take
a comprehensive approach to studying these underlying causes
and evidence-based methods of prevention of injury, including
crime prevention. All grantees under this section will be
required to fulfill requirements around open data, open code,
pre-registration of research projects, and open access to
research articles consistent with the National Science
Foundation's open science principles. The Director of CDC is to
report to the Committees within 30 days of enactment on
implementation schedules and procedures for grant awards, which
strive to ensure that such awards support ideologically and
politically unbiased research projects.
Opioid Overdose Prevention and Surveillance.--The agreement
directs CDC to continue funding overdose prevention efforts in
the same manner as directed in P.L. 115-245 and expand
allowable prevention and surveillance efforts to include
stimulants. The agreement encourages CDC to continue to work
collaboratively with States to ensure that funding is available
to all States for opioid prevention and surveillance
activities.
Opioid Prescribing Guidelines.--The agreement directs CDC
to continue its work educating patients and providers on its
Guidelines for Prescribing Opioids for Chronic Pain, and to
encourage uptake and use of the guidelines.
Overdose Prevention Funding and Naloxone.--The agreement
encourages CDC to continue working with States on naloxone
education when distributing opioid overdose prevention funds.
Public Safety Officer Suicide Reporting System.--The
agreement includes an increase to the National Violent Death
Reporting System for CDC to develop and maintain a Public
Safety Officer Suicide Reporting System to collect data on the
suicide incidence among public safety officers and facilitate
the study of successful interventions to reduce suicide among
public safety officers as described in the Helping Emergency
Responders Overcome Act of 2020.
Suicide Prevention.--The agreement includes an increase to
continue to utilize data and evaluations to inform ongoing
programmatic efforts to prevent suicide, specifically in
vulnerable populations and subgroups among which suicides are
increasing. These data will be used to inform community-based
suicide prevention efforts. CDC is encouraged to expand their
emergency department syndromic surveillance project on suicidal
behavior to provide near real-time data and to continue to
explore data, methods, and research that advance our
understanding of suicide and suicidal behavior. The agreement
recognizes CDC's work to establish a comprehensive suicide
prevention program and directs CDC to continue the
implementation and evaluation of these targeted, comprehensive,
community-based suicide prevention strategies to reduce risk
for suicide, and to evaluate their impact, especially among
high-risk populations. The agreement also directs CDC to
enhance the completeness of data to capture mechanisms of death
and support research and evaluation projects to understand the
pathways and mechanisms that contribute to suicidal ideations
and attempts.
Tribal Use of Prescription Drug Monitoring Programs
(PDMP).--CDC is directed to work with the Indian Health Service
to ensure Federally-operated and tribally-operated healthcare
facilities benefit from the CDC's PDMP efforts.
Youth Violence Prevention.--The agreement encourages
continuation of existing partnerships between community
organizations, schools, law enforcement, faith-based
organizations, and academia, as well as technical assistance
and research, that have been supported by this program and have
demonstrated success in reducing youth violence in high-poverty
areas and, in particular, large urban communities that are
seeking to address root causes of community violence,
collective trauma, and civil unrest.
NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH (NIOSH)
The agreement provides a total of $345,300,000 for NIOSH in
discretionary appropriations. Within this total, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2021
Budget Activity Agreement
------------------------------------------------------------------------
National Occupational Research Agenda................... $117,000,000
Agriculture, Forestry, Fishing........................ 26,500,000
Education and Research Centers.......................... 30,000,000
Personal Protective Technology.......................... 20,000,000
Mining Research......................................... 61,500,000
National Mesothelioma Registry and Tissue Bank.......... 1,200,000
Firefighter Cancer Registry............................. 2,500,000
Other Occupational Safety and Health Research........... 113,100,000
------------------------------------------------------------------------
Firefighter Cancer Registry.--The agreement acknowledges
that this voluntary, anonymous registry system will enable
researchers to better understand why firefighters are at an
increased risk of developing certain types of cancer and
identify ways to mitigate firefighters' risk of cancer through
best practices and advanced equipment.
Protect Critical Health Care Worker Safety Through a Closed
System Transfer Device Testing Protocol.--The agreement
encourages NIOSH to expedite a final decision on protocol to
guide hospitals and pharmacies in testing the use of closed
system transfer devices based on the best available science.
Total Worker Health.--The agreement provides an increase of
$1,500,000 to create a new Total Worker Health Center of
Excellence for Workplace Mental Health, as directed in House
Report 116-450.
Underground Mine Evacuation Technologies and Human Factors
Research.--The agreement provides an increase for grant
activities as directed in P.L. 116-94.
GLOBAL HEALTH
The agreement provides $592,843,000 for Global Health
activities. Within this total, the agreement includes the
following amounts:
------------------------------------------------------------------------
FY 2021
Budget Activity Agreement
------------------------------------------------------------------------
Global AIDS Program..................................... $128,421,000
Global Tuberculosis..................................... 9,222,000
Global Immunization Program............................. 226,000,000
Polio Eradication..................................... 176,000,000
Measles and Other Vaccine Preventable Diseases........ 50,000,000
Parasitic Diseases and Malaria.......................... 26,000,000
Global Public Health Protection......................... 203,200,000
Global Disease Detection and Emergency Response....... 193,400,000
Global Public Health Capacity and Development......... 9,800,000
------------------------------------------------------------------------
Children in Adversity.--The agreement directs CDC to
collaborate with the U.S. Agency for International Development
(USAID), the President's Emergency Plan for AIDS Relief
(PEPFAR), and the Department of Labor to ensure monitoring and
evaluation is aligned for all of the objectives of the U.S.
Government Action Plan.
Global Health Security.--The agreement includes an increase
of $20,000,000 for CDC to lead global health security
activities to prevent, detect, and respond to infectious
disease threats and outbreaks around the globe. The agreement
directs the CDC Director to update CDC's comprehensive health
security strategy and report to the Committees within 180 days
of enactment of this Act. In developing the strategy, CDC shall
consult with the heads of other relevant Federal agencies who
are responsible for complementary global health security
activities.
Population-based Surveillance Platforms.--The agreement
directs at least $3,000,000 to be used to support existing
longitudinal population-based infectious disease surveillance
platforms that enable comparative analysis between urban and
rural populations in the developing world.
Soil Transmitted Helminth and Related Diseases of
Poverty.--The agreement continues $1,500,000 for surveillance,
source remediation, and clinical care aimed at reducing soil
transmitted helminth to extend the currently funded projects
for another year.
PUBLIC HEALTH PREPAREDNESS AND RESPONSE
The agreement provides $842,200,000 for public health
preparedness and response activities. Within this total, the
agreement includes the following amounts:
------------------------------------------------------------------------
FY 2021
Budget Activity Agreement
------------------------------------------------------------------------
Public Health Emergency Preparedness Cooperative $695,000,000
Agreement..............................................
Academic Centers for Public Health Preparedness......... 8,200,000
All Other CDC Preparedness.............................. 139,000,000
------------------------------------------------------------------------
Academic Centers for Public Health Preparedness.--The
agreement continues to support CDC's collaboration with
academic centers and encourages CDC to explore additional
opportunities to improve the coordination of partnerships to
implement emerging disease surveillance and research to respond
to emerging and reemerging disease threats.
Public Health Emergency Preparedness Cooperative
Agreement.--The agreement includes an increase and requests a
state distribution table in the fiscal year 2022 Congressional
Justification, which should also include how funding is being
allocated to local health departments and how States are
determining these allocations.
BUILDINGS AND FACILITIES
The agreement provides $30,000,000 in discretionary budget
authority.
Replacement of the Lake Lynn Experimental Mine and
Laboratory.--CDC recently purchased a replacement for the Lake
Lynn mine research facility. The agreement requests CDC provide
an update within 180 days of enactment of this Act with a
timeline for the eventual opening of a new facility and any
additional funding that may be needed to complete work on such
facility.
CDC-WIDE ACTIVITIES
The agreement provides $283,570,000 for CDC-wide
activities, which includes $123,570,000 in discretionary
appropriations and $160,000,000 in transfers from the PPH Fund.
Within this total, the agreement includes the following
amounts:
------------------------------------------------------------------------
FY 2021
Budget Activity Agreement
------------------------------------------------------------------------
Preventive Health and Health Services Block Grant....... $160,000,000
Public Health Leadership and Support.................... 113,570,000
Infectious Disease Rapid Response Reserve Fund.......... 10,000,000
------------------------------------------------------------------------
Congressional Justification.--The agreement directs CDC to
include updates on the following research, projects, and
programs in their fiscal year 2022 Congressional Justification:
incidence, prevalence, epidemiology, and health outcomes of
polycystic kidney disease; Mississippi Delta Health
Collaborative; information to educate patients and providers on
clinical practice guideline recommendations for patients with
Von Willebrand Disease; and Zika surveillance.
Tribal Advisory Committee (TAC).--The agreement directs the
Director, in consultation with the TAC, to develop written
guidelines for each CDC center, institute, and office on best
practices around delivery of Tribal technical assistance and
consideration of unique Tribal public health needs. The goal of
such guidelines should be the integration of Tribal communities
and population needs into CDC programs. The Director shall
report on the status of development of these written guidelines
in the fiscal year 2022 Congressional Justification.
National Institutes of Health (NIH)
The agreement provides $42,934,000,000 for NIH, including
$404,000,000 from the 21st Century Cures Act (Public Law 114-
255), an increase of $1,250,000,000, or 3 percent, above fiscal
year 2020. The agreement provides a funding increase of no less
than 1.5 percent above fiscal year 2020 to every Institute and
Center (IC).
The agreement appropriates funds authorized in the 21st
Century Cures Act. Per the authorization, $195,000,000 is
transferred to the National Cancer Institute (NCI) for cancer
research; $50,000,000 to the National Institute of Neurological
Disorders and Stroke (NINDS) and $50,000,000 to the National
Institute on Mental Health (NIMH) for the BRAIN Initiative; and
$109,000,000 will be allocated from the NIH Innovation Fund for
the All of Us precision medicine initiative.
The Common Fund is supported as a set-aside within the
Office of the Director at $635,939,000. In addition,
$12,600,000 is provided to support pediatric research as
authorized by the Gabriella Miller Kids First Research Act
(Public Law 113-94).
The agreement directs NIH to include updates on the
following research, projects, and programs in the fiscal year
2022 Congressional Justification: gastric cancer; psycho-social
distress in cancer research; the Office of Cancer Survivorship;
progress in treating rare cancers; the Surveillance,
Epidemiology, and End Results [SEER] Registry;
Temporomandibular Disorders; diabetes, Rapid Acceleration of
Diagnostics; 7q11.23 Duplication Syndrome; and Hereditary
Spastic Paraparesis 49 (TECPR2).
NATIONAL CANCER INSTITUTE (NCI)
Cancer Immunotherapy.--The agreement commends NCI for its
longstanding support of research on cancer immunotherapy. As
the number of single-agent and combination therapies grows for
an expanding list of cancers, more work is needed to learn how
to accurately predict whether a given cancer immunotherapy is
likely to improve outcomes or cause undesirable side effects in
individual patients. While many research programs have been
focused on defining biomarkers that could accomplish this goal,
validation and eventual standardization of specific biomarkers
would greatly enhance the field's understanding of how to
design more effective, less toxic treatments. The agreement,
therefore, urges NCI to prioritize support for studies on the
clinical validation of potential biomarkers that predict
clinical outcomes in patients receiving tumor immunotherapy.
Cancer Moonshot.--The agreement directs NIH to transfer
$195,000,000 from the NIH Innovation Account to NCI to support
the Cancer Moonshot Initiative.
NCI Paylines.--To support more awards and improve success
rates, the agreement provides $250,000,000, an increase of
$37,500,000, to prioritize competing grants and sustain
commitments to continuing grants.
Pediatric Cancer.--The agreement continues $30,000,000 for
the implementation of the STAR Act (Public Law 115-180) to
expand existing biorepositories for childhood cancer patients
enrolled in NCI-sponsored clinical trials to collect and
maintain relevant clinical, biological, and demographic
information on all children, adolescents, and young adults with
cancer. As part of this funding, the agreement expects NCI to
carry out childhood cancer survivorship research and programs
as authorized, such as developing best practices for the
treatment of late effects of childhood cancers. In addition,
the agreement recognizes NCI's efforts to develop a new
Childhood Cancer Data Initiative and continues to support and
expand new and innovative research efforts to advance progress
for children with cancer. The agreement also commends NIH for
its efforts to coordinate pediatric research across its ICs
through the recently established Trans-NIH Pediatric Research
Consortium. The agreement understands NCI participates in the
Consortium, and that childhood cancer research is an important
part of the pediatric research portfolio across NIH. The
agreement requests an update in the fiscal year 2022
Congressional Justification on opportunities to enhance
childhood cancer research efforts, including coordination
efforts already underway through the Trans-NIH Pediatric
Research Consortium.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE (NHLBI)
Alzheimer's Disease and Vascular Dementia.--Well-
characterized, longitudinal, population-based cohort studies
provide value in bringing to light more information about the
risk factors related to dementia. By studying participants over
time, much can be learned about cognitive decline and early
biomarkers; however, mature cohorts naturally dwindle as
participants pass away, requiring that the research mission be
adjusted to continue to leverage the previous science and build
upon it. Therefore, the agreement urges NHLBI and NIA to fund
research into next generation cohorts, with a focus on
understanding the development and progression of risk factors
and detection of early signs of cognitive decline. Preference
should be given to applicants that have diversity among cohort
participants, broad geographic representation, and a
demonstrated record of high research productivity.
Exploring Airway Screening Efforts of Childhood Asthma in
the Rural Community.--There continues to be concern about
childhood asthma, which affects over 9,000,000 school-aged
children and leads to many preventable emergency department
visits, hospitalizations, and missed school days. NHLBI is
strongly urged to develop a multidisciplinary project to
examine inflammation in children with uncontrolled asthma. This
research should build upon previous findings to explore asthma
control and inflammation in children with persistent asthma in
rural communities. Ultimately, this research could improve
access to care and reduce the costs associated with
uncontrolled asthmas by identifying early inflammatory signs.
Hypertension.--There continues to be concern about the
significant incidence of hypertension in non-Hispanic black
males and females compared to their non-Hispanic white male and
female counterparts. These racial differences emerge as early
as the third decade of life. For these reasons, the agreement
supports efforts to identify the underlying causes of this
racial disparity in hypertension, and to develop and evaluate
interventions to reduce this disparity. The agreement strongly
encourages a focus on interventions to reduce systematic and
blood vessel-specific inflammation in individuals with elevated
blood pressure, but are not yet hypertensive, that would be
scalable to the community level.
Lymphedema (LE).--LE is a chronic, debilitating, and
incurable swelling that can be a result of damage to the
lymphatic system due to surgery, cancer treatment, or injury,
and that can also be inherited. An estimated 10,000,000
Americans suffer from LE. Additional research is necessary to
improve our understanding of this condition and expand the
treatment options available. NHLBI is strongly encouraged to
expand support for research on LE and requests a report within
120 days of enactment of this Act describing NHLBI's current
and planned research related to LE.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE (NINDS)
Cerebral Palsy (CP).--The agreement commends NINDS for
implementing Funding Opportunity Announcements for clinical
research supporting observational studies that are well-suited
for the study of CP. The agreement strongly encourages NIH to
prioritize and implement additional opportunities to
significantly strengthen, accelerate, and coordinate CP
research to address priorities across the lifespan identified
in the 5 to 10-year CP Strategic Plan. Research should target
basic and translational discoveries, including genetics,
regenerative medicine, and mechanisms of neuroplasticity, as
well as clinical studies aimed at early intervention,
comparative effectiveness, and functional outcomes in adults.
NIH is also encouraged to coordinate with other agencies,
including CDC.
Frontotemporal Degeneration Research (FTD).--The
recommendation encourages NIH to maintain and expand a multi-
site infrastructure and network of clinical sites to extend the
study of genetic and sporadic FTD cohorts. A key component of
this effort will be to leverage recent advances in information
technology to create an infrastructure for FTD research that
will collect and record data and samples in a uniform manner,
incorporate patient-reported data, and take advantage of new
technologies that enable remote monitoring. Development of a
data biosphere that supports broad sharing of datasets will
enable the broader community of researchers to bring their
expertise to bear on the challenges currently confronting
Alzheimer's disease and related dementias disorders.
Multiple Sulfatase Deficiency (MSD).--MSD is an ultra-rare
genetic disorder in which all of the known sulfatase enzymes
are unable to be fully activated causing neurologic impairment
and other symptoms including bone abnormalities, deafness, and
hepatosplenomegaly. There are currently no targeted therapies
for MSD, and treatment is limited based on specific symptoms.
However, multiple lines of therapeutic development including
gene therapy, small molecule (drugs), and bone marrow
transplant are being pursued by preclinical researchers. The
agreement directs NINDS, in concert with the Office of Rare
Diseases Research, to provide an update on research progress
towards a treatment in the fiscal year 2022 Congressional
Justification on MSD and related rare disorders.
HEAL Initiative.--The agreement includes no less than
$270,295,000 for the HEAL Initiative targeted at opioid misuse
and addiction and has included bill language expanding the
allowable uses of these funds to include research related to
stimulant misuse and addiction. The agreement strongly urges
NIH to consider funding applications on fundamental,
translational, and clinical research on headache disorders that
align with the goal of achieving solutions to the opioid
crisis.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES (NIAID)
Antimicrobial Resistance (AMR).--While antibiotics are
necessary to treat secondary infections, their expanded usage
is causing concern that a lasting consequence could be
increased global antibiotic resistance rates. The agreement
supports NIAID's efforts to encourage innovative approaches to
antimicrobial resistance (AMR), and directs NIH and CDC to
jointly brief the House and Senate Committees on Appropriations
no later than 30 days after the enactment of this Act,
detailing their AMR and the focus of their initiatives for
fiscal years 2021-2022.
Centers for AIDS Research.--The agreement includes
$61,000,000, an increase of $10,000,000, for this activity as
part of the Ending HIV Epidemic initiative.
Lyme Disease and Other Tick-Borne Diseases.--The incidence
of Lyme and other tick-borne diseases has increased
significantly since CDC reporting began in 1991. The agreement
understands the importance of research into Lyme disease and
related tick-borne illnesses and provides an increase of
$10,000,000. Further, the agreement supports the implementation
of the NIH Strategic Plan for Tick-borne Disease Research, and
urges NIH to leverage this understanding to develop new tools
that can more effectively prevent, diagnose, and treat Lyme
disease, including its long-term effects and other tick-borne
diseases. The agreement further urges NIH to evaluate the
effectiveness of laboratory tests associated with the detection
of Borrelia burgdorferi to diagnose the disease early, which
can improve the effectiveness of treatment. The agreement
encourages the promotion and development of potential vaccine
candidates for Lyme disease and other tick-borne diseases. The
agreement urges NIH to conduct research to better understand
modes of transmission for Lyme and other tick-borne diseases.
The agreement further urges NIH to incentivize new
investigators to enter the field of Lyme disease and other
tick-borne disease research. The agreement recommends that NIH
coordinate with CDC on publishing reports that assess
diagnostic advancements, methods for prevention, the state of
treatment, and links between tick-borne disease and
neuropsychiatric illnesses. Finally, the agreement encourages
NIAID to issue requests for grant applications for research to
investigate causes and manifestations of Lyme disease and other
tick-borne diseases, including post-treatment symptoms, as well
as research to develop diagnostics, prevention methods, and
treatment for those conditions, including potential vaccine
candidates.
Multidisciplinary Grants for Vector-Borne Disease
Research.--NIH's new strategy to address tick-borne diseases
aims to examine the complex interplay among host, tick, and
pathogen factors that contribute to these diseases and the
body's defenses against them. It is precisely this complexity,
combined with the growing incidence and threat to human health
and life, that make new multi-disciplinary research approaches
necessary. The agreement encourages investment in multi-year
center core grants that support shared resources and facilities
for multidisciplinary research. This approach allows research
groups to develop understandings of how pathogens persist,
evolve, and cause outbreaks, and models the risk of exposure as
climate and socioeconomic conditions change, which leads to
future innovations in diagnostic tools and preventive
medicines. Surveillance efforts should be part of these grants,
and priority shall be given to grants focused on vector borne
diseases requiring arthropod biosafety levels 2 and 3.
Regional Biocontainment Laboratories (RBL).--The agreement
directs $40,000,000 to be evenly divided among the 12 RBLs to
support efforts to prevent, prepare for, and respond to
infectious disease outbreaks, including, but not limited to:
(1) conducting research on developing testing for antiviral
compounds, new vaccines, and point of care tests; (2)
conducting research on validating methods for identifying
suitable convalescent plasma for screening donors and other
prophylactic methods to prevent infections; (3) supporting
operations costs and facilities upgrades for purchase of
equipment to speed drug discovery and testing; and (4) training
new researchers in biosafety level 3 practices.
Universal Flu Vaccine.--The agreement provides not less
than $220,000,000, an increase of $20,000,000, for research to
develop a universal influenza vaccine.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES (NIGMS)
Institutional Development Awards (IDeA).--The agreement
provides $396,573,000, an increase of $10,000,000, for the IDeA
program.
Training the Next Generation of Physician-Scientists.--
There is concern about the shrinking number of physician-
scientists in the nation's biomedical workforce. These highly
trained researchers with clinical expertise often discover the
critical connections between what is discovered in the
laboratory with their patients' conditions in the clinic. They
play a critical role in translating scientific and laboratory
advances into improved diagnoses, treatments, devices,
procedures, and cures. The agreement commends NIGMS for its
highly competitive Medical Scientist Training Program (MSTP),
whereby students enter a combined, integrated MD PhD program
when they start medical school. The agreement strongly urges
NIGMS to continue its support of promising physician-scientists
being trained at research-intensive medical schools with high-
quality laboratory and clinical training. The agreement
commends NIH for its work to improve the physician-scientist
pipeline. The agreement requests an update on the enhanced
pathways for physicians both to pursue research training and be
competitive for NIH awards, as recommended by the Advisory
Committee to the NIH Director's Working Group on the Physician-
Scientist Workforce. The update should highlight current
activities, including increasing the diversity of physician-
scientists, support provided during the transition from senior
trainee to junior faculty member, and future plans.
Additionally, the update should describe how feedback has been
incorporated from current MSTP physician-scientist trainees,
research-intensive medical schools, and biomedical industry
representatives.
EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN
DEVELOPMENT (NICHD)
Endometriosis.--Endometriosis affects one in 10 women, can
cause intense pain, and is a leading cause of infertility.
Despite its prevalence and health impact, there has been little
investment in research to better understand this condition.
Such research could lead to better health outcomes for millions
of women. NICHD is strongly encouraged to increase funding to
expand basic, clinical, and translational research into the
mechanics of endometriosis, identify early diagnostic markers,
and develop new treatment methods.
Impact of Technology and Digital Media on Children and
Teens.--The agreement remains concerned about the effects of
technology use and media consumption on infants, children, and
adolescents and appreciates NIH's continued engagement on these
important topics. The agreement encourages NIH to prioritize
research into the cognitive, physical, and socio-emotional
repercussions of young people's use of technologies, including
mobile devices, computers, and virtual reality tools, as well
as their consumption of social-media content, video games, and
television programming.
Premature Birth.--Infants who are born preterm can face a
range of health challenges throughout their lives, and yet the
mechanisms that lead to preterm birth remain poorly understood.
The agreement includes an increase to NICHD of $10,000,000 for
research aimed at enhancing the survival and healthy
development of preterm infants. These studies may include
research efforts to identify and understand the causes of
preterm birth and the development of evidenced-based strategies
to address the short- and long-term complications in children
born preterm, including children with intellectual,
developmental, and physical disabilities. The agreement
especially urges NICHD to support studies that address health
disparities in preterm birth and its consequences and requests
an update on these efforts in the fiscal year 2022
Congressional Justification.
NATIONAL INSTITUTE ON AGING (NIA)
Alzheimer's Disease and Related Dementias.--The agreement
provides a total of no less than $3,118,000,000 for research
into this area.
Alzheimer's Disease Cohort Studies.--The agreement commends
NIA for its leadership in supporting longitudinal, population-
based cohort studies into the causes of dementia. Since rural,
poor and minority populations may be at enhanced risk for
dementia, the value and application of these studies are
enhanced when they include individuals from various geographic,
ethnic, socio-economic, and generational backgrounds. The
agreement directs NIA to support diversity in its cohort
studies, with the specific goal of better understanding disease
burden and biomarkers by race and geographic region. This could
be accomplished through enhanced partnerships between existing
NIA-funded Alzheimer's Disease Research Centers (ADRC) and non-
ADRC centers in high-risk geographic regions, or through the
creation of new long-term cohorts in underrepresented groups/
regions.
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN DISEASES
(NIAMS)
Alopecia.--Alopecia affects 6,800,000 Americans, including
children, and disproportionately impacts women of color. NIAMS
is encouraged to work with relevant ICs, including NIMHD, to
develop possible collaborative efforts to increase research
into this disparity, specifically among Black and Hispanic
women, and pursue collaborative opportunities that will lead to
new research discoveries.
NATIONAL INSTITUTE ON DRUG ABUSE (NIDA)
Flavored THC.--The agreement appreciates the important data
collected in the annual NIDA-funded Monitoring the Future (MTF)
survey. The agreement recommends the inclusion of questions on
consumption of flavored marijuana vapes and marijuana edibles
flavored to appeal to adolescents in the MTF survey.
HEAL Initiative.--The agreement includes no less than
$270,295,000 for the HEAL Initiative targeted at opioid misuse
and addiction and has included bill language expanding the
allowable uses of these funds to include research related to
stimulant misuse and addiction.
Medication-Assisted Treatment (MAT) for Opioid Use
Disorder.--The agreement recognizes that medications, including
buprenorphine, methadone, and naltrexone, are effective for the
treatment of opioid use disorder, and commends NIH for its
research and policy leadership in this area. However, access to
these MATs remains limited for many individuals and groups,
particularly racial and ethnic minorities, people with
disabilities, residents of underserved rural communities, and
socioeconomically disadvantaged populations. The agreement
encourages NIDA and NIMHD to investigate the scope of these
access disparities and evaluate strategies for eliminating
economic and regulatory barriers to MAT.
Opioid Research, Education, and Outreach.--The U.S.
continues to suffer from a complex public health crisis related
to opioid misuse. The agreement strongly recommends NIDA
continue to support research to better understand opioid use
disorder, focusing on detection, prevention, and treatment, and
that NIDA continue to provide high-level education for
healthcare professionals to prevent, recognize, and assist in
treatment and referral for opioid use disorder within their
practice.
Overdose Prevention Centers.--The agreement acknowledges
the controversial nature of Overdose Prevention Centers and
encourages NIDA to support research on the potential public
health impacts of these centers.
NATIONAL INSTITUTE OF MENTAL HEALTH (NIMH)
State of Bereavement Care.--The agreement is aware of
research indicating that individuals and families suffer severe
health, social, and economic declines following the death of a
loved one--be it a child, sibling, spouse, or parent. The
agreement encourages OMH, ACF, CDC, CMS, HRSA, IHS, NIH, and
SAMHSA to examine their activities to advance bereavement care
for families, including prevalence of bereavement events and
the details of those events (what relationships are impacted,
how the loved one died and at what age), risk factors and
associated health events or outcomes, biological or
physiological changes in wellbeing, and what interventions, or
programs could help functional coping or adaptive processing.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE (NHGRI)
Emerging Centers of Excellence in Genomic Sciences.--The
agreement includes no less than $12,500,000 for this activity
as described in House Report 116-450.
NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES (NIMHD)
Chronic Diseases and Health Disparities.--In fiscal year
2020, NIH launched initiatives to address chronic diseases and
health disparities in the areas of diabetes, kidney disease,
and obesity. Chronic diseases and conditions are among the most
common, costly, and preventable of all health conditions and
disproportionately affect minority populations. These diseases
can often leave those suffering from them more vulnerable to
other diseases. A more comprehensive and holistic effort is
needed to ensure that efforts to better address health
disparities and co-morbidity encapsulate the full continuum of
chronic diseases and their lethality in disparate communities.
To this end, the agreement includes sufficient funding for
NIMHD, working in concert with NIDDK, NHLBI, NCI, and NCATS, to
establish a comprehensive center initiative aimed at a wide
variety of chronic diseases and their links to health
disparities. As these diseases are often multi-faceted and
often regionally linked, NIMHD is encouraged to consider
funding mechanisms that would support regional multi-
institutional consortiums that produce collaboration, research,
and translational science on a wide and broad scale.
Research Centers in Minority Institutions.--The agreement
includes $80,000,000, an increase of $5,000,000 over fiscal
year 2020, for this activity.
Research Endowment Program (REP).--The agreement supports
the recommendations made by the NIMHD Advisory Council
workgroup to restore endowment eligibility for REP.
JOHN E. FOGARTY INTERNATIONAL CENTER FOR ADVANCED STUDY IN THE HEALTH
SCIENCES (FIC)
The agreement includes additional funding for FIC to
support its mission of advancing research on and training the
future biomedical research workforce in global health.
NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES (NCATS)
Clinical and Translational Science Awards.--The agreement
provides $587,544,000 for this activity.
Cures Acceleration Network.--The agreement provides up to
$60,000,000 for this activity.
Full Spectrum of Medical Research.--The agreement applauds
NIH efforts to support and advance the full spectrum of medical
research, which ensure breakthroughs in basic science are
translated into therapies and diagnostic tools that benefit
patient care while disseminating cutting-edge information to
the professional community. The agreement notes the importance
of flagship initiatives, including the CTSA program, to these
important efforts.
Gene Vector Initiative.--The agreement recognizes the
importance and promise of gene therapy in developing new
treatments for a number of diseases and conditions. The
agreement provides $10,000,000 to NCATS to expand ongoing gene
vector initiatives by creating a Consortium for Innovation in
Large-Scale Gene Vector Production where NCATS, along with
other partners, can address specific translational roadblocks
to vector production.
OFFICE OF THE DIRECTOR (OD)
Advanced Collaborative Robots in the Health Care Setting.--
The agreement encourages NIH to support research on advanced
robotic and automation technologies to help nurses complete
remote physical tasks for patients affected by infectious
diseases and to limit caregivers' exposure and/or reduce burden
on the healthcare system. Also, this technology could be used
for novel neuroadaptive learning control to offer physical
assistance for fall prevention, pain assessment, and pain
management for patients.
All of Us Precision Medicine Initiative.--The agreement
provides a total of $500,000,000 for this initiative.
Amyotrophic Lateral Sclerosis (ALS).--To leverage the
research work done thus far in a meaningful way and make
measurable progress towards a cure for ALS patients, it is
necessary to bring together researchers to capitalize on recent
advancements, augment existing efforts by bringing into the
fight against ALS leading researchers from other more developed
disciplines, and expedite the drive towards a cure the ALS
community so desperately needs. The agreement encourages NIH to
incentivize the continued exploration of novel therapeutic
pathways and support additional clinical trials, thereby
ensuring that the progress of the last decade can germinate
into cures with the next decade.
Artificial Intelligence/Big Data.--Advancing life sciences
is increasingly dependent on data computation and
infrastructure, machine learning (ML), and collaborative
scientific initiatives. NIH is to be commended for leveraging
the potential of ML to accelerate the pace of biomedical
innovation, especially in NCI, NIGMS, NIMH, NIBIB, NHGRI, and
NLM. The Office of Data Science Strategy (ODSS), collaborating
with NLM, has been working in most of the areas identified by
the recent Advisory Committee to the Director (ACD) on
Artificial Intelligence to ensure new research datasets meet
the international Fast Healthcare Interoperability Resources
(FHIR) standard requirements, developing principles for
consent, and providing opportunities for data experts to work
in the field of biomedicine. Making full use of these
opportunities, which rely on scale and collaboration across
areas of expertise, presents unique challenges to NIH. The
agreement includes $105,000,000 to support the agency's
efforts, including $50,000,000 to expand the number of ML-
focused grants and $55,000,000 for ODSS. This funding will
allow ODSS to coordinate NIH activities on ethics, bias, and
training in the context of AI and ML, as well as continue its
work to increase the adoption and use of existing data
standards and improve data discovery. ODSS is also encouraged
to create AI-ready data sets and algorithms, with robust
metadata and standards, and with explainable guidelines
transparently addressing ethics and bias. There is a growing
consensus in the research community that more training is
needed for the use of FHIR in clinical and biomedical research,
and the recommendation supports expanded training, including
for underrepresented and underserved groups. The agreement
requests that NIH provide an update to the Committees on its
reaction to the ACD's recommendations, and where there is
agreement, its plans in fiscal years 2021-2022 to implement
those recommendations no later than 90 days after enactment of
this Act. Further, NIH should closely examine ways it can
facilitate participation by more universities in the national
AI effort. In particular, should a university consortia
establish one or more regional super-computing centers, NIH
should seek ways to leverage this investment to augment in-
house supercomputing capability. This would allow NIH to have
more supercomputing capacity available in the near-term to meet
some of its emerging AI computational-intensive requirements
and address biomedical research computational requirements not
being satisfied today. Finally, the agreement supports AI,
modeling, and simulation at supercomputing scale to respond to
epidemics to include global disease detection, transmission
methods, public health data surveillance and analytical
infrastructure, diagnosing the disease, and developing
countermeasures for prevention and treatment, infection control
and mitigation, faster development and manufacturing of
vaccines, therapeutics, and diagnostics to prevent or treat the
virus, and combatting antimicrobial resistance and antibiotic
resistant bacteria as a result of secondary infections. The
agreement encourages CDC, NIH, and BARDA to maximize use of the
national supercomputing capabilities in other Federal agencies.
Biomedical Research Facilities.--The agreement provides
$50,000,000 for grants to public and/or not-for-profit entities
to expand, remodel, renovate, or alter existing research
facilities or construct new research facilities as authorized
under 42 U.S.C. section 283k.
BRAIN Initiative.--As the seat of consciousness and
cognition, the brain presents unique challenges to the fields
of science and medicine, especially given disorders of the
brain such as Alzheimer's disease, addiction, and depression,
which represent an enormous cost to the American people.
Because great progress has been made as a direct result of
projects funded by the BRAIN Initiative, the recent BRAIN
Initiative Advisory Committee 2.0 report noted that
``transformative projects'' are now possible at a scale and
level of completeness that were previously not imaginable. To
support these efforts, the agreement provides $560,000,000 for
the BRAIN Initiative, including funding for two specific
projects outlined in the Advisory Committee's report that stand
out for their importance to human health and technical
viability: $40,000,000 for the Human Brain Cell Atlas and
$20,000,000 for the Armamentarium for Brain Cell Access. To be
successful, transformative projects will require focused,
large-scale efforts with multidisciplinary teams and
capabilities spanning biological sciences, engineering, and
data storage and computation, with open platforms for
dissemination of the tools and knowledge realized through these
projects. Therefore, the agreement requests that NIH move
forward with plans for transformative projects and report to
the Committees within 90 days of enactment of this Act specific
steps taken to advance each project.
Chimpanzee Maintenance, Care, and Transportation.--The
agreement directs NIH to provide a written report to the
Committees every 180 days, beginning no later than December 31,
2020, that shall include (1) the number of chimpanzees
transported to the national sanctuary over the last quarter;
(2) a census of all government-owned and supported chimpanzees
remaining, if any, at the Alamogordo Primate Facility (APF),
the Keeling Center for Comparative Medicine and Research
(KCCMR), or the Southwest National Primate Research Center
(SNPRC); and (3) a list of any chimpanzee deaths that have
occurred at any time after January 1, 2020, at APF, KCCMR,
SNPRC, and the national sanctuary system.
Continuous Physiologic Electronic Monitoring.--The
agreement directs NIH to conduct research to examine the
efficacy and benefits of continuous physiologic electronic
monitoring that measures adequacy of respiration of patients
taking opioids in the hospital.
Dual Purpose/Dual Benefit Research.--The Dual Purpose with
Dual Benefit Research Program in Biomedicine and Agriculture
Using Agriculturally Important Domestic Species was a recently
discontinued interagency grant program funded by United States
Department of Agriculture National Institute of Food and
Agriculture (NIFA) and NIH. Both NIFA and NIH are commended for
developing this important interagency program that enhanced the
use of farm animals as research models and resulted in
scientific breakthroughs tangibly benefiting both animal
agriculture and human health. As authorized and encouraged in
section 7404 of the Agriculture Improvement Act of 2018 (Public
Law 115-334), the agreement strongly urges a continued
partnership between NIH, NIFA, and other relevant Federal
research and development agencies to develop a next generation
interagency program using agriculturally important large animal
species. Domesticated farm animals are recognized as a strongly
relevant dual-purpose model that can be employed to understand
the complex problems/challenges in both agriculture and
biomedicine. Those problems/challenges include, but are not
limited to, immunity and infection; nutrition and neonatal
health; microbiome and health; assisted reproductive
technologies and pregnancy health; developmental origins of
adult health and disease; and development and testing of new
diagnostic, genetic, and cell based therapies to identify and
treat diseases/disorders. The agreement strongly supports
continuation of this important cooperative program to further
strengthen ties between human medicine, veterinary medicine,
and animal sciences, with the goal to improve animal and human
health and provide enhanced applicability and return on
investment in research.
Environmental Influences on Child Health Outcomes (ECHO).--
The agreement provides $180,000,000 for this activity. The OD
is directed to provide an update in the fiscal year 2022
Congressional Justification on progress made by ECHO-funded
research.
Fetal Tissue Research.--The agreement does not include
report language on Use of Human Fetal Tissue in Research and
Timely Evaluation of Promising Biomedical Research Proposals.
Firearm Injury and Mortality Prevention Research.--The
agreement includes $12,500,000, the same level as fiscal year
2020, to conduct research on firearm injury and mortality
prevention. Given violence and suicide have a number of causes,
the agreement recommends NIH take a comprehensive approach to
studying these underlying causes and evidence-based methods of
prevention of injury, including crime prevention. All grantees
under this section will be required to fulfill requirements
around open data, open code, pre-registration of research
projects, and open access to research articles consistent with
the National Science Foundation's open science principles. The
Director is to report to the Committees within 30 days of
enactment of this Act on implementation schedules and
procedures for grant awards, which strive to ensure that such
awards support ideologically and politically unbiased research
projects.
Foreign Threats to Research.--The Chinese government
continues to recruit NIH-funded researchers to steal
intellectual property, cheat the peer-review system, establish
shadow laboratories in China, and help the Chinese government
obtain confidential information about NIH research grants. NIH
reported in June 2020 that of the 189 scientists at 87
institutions investigated by NIH, 93 percent received
undisclosed support from the Chinese government. Approximately
three-quarters of those under investigation had active NIH
grants, and nearly half had at least two grants. The agreement
directs that the Committees be notified quarterly on the
progress of these investigations, as well as the institutions,
scientists, and research affected. The agreement continues to
direct NIH to provide $5,000,000 to the Inspector General to
continue additional investigations into this issue.
Gabriella Miller Kids First Research Act (Public Law 113-
94).--The agreement continues to provide $12,600,000 to support
the seventh year of the 10-year pediatric research initiative.
Harassment Policies.--NIH must do more to play an active
role in addressing sexual harassment, particularly in
extramural research settings. For this reason, in the statement
of managers accompanying the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94), the agreement
directed NIH ``to require institutions to notify the agency
when key personnel named on an NIH grant award are removed
because of sexual harassment concerns.'' NIH took a major step
toward implementing this direction in its June 11, 2020,
clarification of its ``Guidance Regarding Change of Status,
Including Absence of PD/PI and Other Key Personnel Named in the
Notice of Award'' (NOT-OD-20-124), but did not require its
grantees to notify it when key personnel are removed for
concerns of harassment. The agreement directs NIH to revise
this guidance within 30 days of enactment of this Act to make
clear that grantees must identify any changes to key personnel
on an award that are related to concerns about harassment. As
proposed by the Government Accountability Office in report GAO-
20-187, the agreement directs NIH, in coordination with the HHS
Office for Civil Rights, to ``assess the feasibility of
receiving and reviewing concerns of sex discrimination--
including sexual harassment--and communicating to individuals
on agency-funded grants the option to notify the agency of
these concerns, outside of the Title IX complaint process.''
The agreement directs NIH to update guidance specifying the
types of reporting considered to be informal and possible ways
information regarding concerns of sex discrimination, including
sexual harassment, may be used. The agreement directs NIH to
submit to the Committees, within 90 days of enactment of this
Act, goals and a plan outlining the potential for this pathway
and guidance and assessing the agency's sexual harassment
prevention and intervention efforts for grantees, including
methods to regularly monitor and evaluate sexual harassment
prevention and intervention policies and communication
mechanisms. Finally, the NIH Director is directed to provide
semiannual reports to the Committees detailing progress made
toward these activities.
Humane Research Alternatives.--The agreement directs NIH to
provide a report to the Committees no later than 180 days after
enactment of this Act on: 1) progress the Interagency
Coordinating Committee on the Validation of Alternative Methods
has made on finding alternatives to non-animal research
methods; and 2) the incentives, if any, NIH offers to encourage
grantees to consider these alternatives. This directive also
replaces the directive included under the heading ``Office of
the Director'' entitled ``Animal Use in Research'' in House
Report 116-450.
IDeA States Pediatric Clinical Trials Network.--The
agreement includes no less than the fiscal year 2020 funding
level to continue this program.
National Commission on Lymphatic Diseases.--The agreement
encourages NIH to work with relevant stakeholders to advance
the establishment of a National Commission on Lymphatic
Diseases that will make critical recommendations on
coordinating NIH-wide lymphatic disease research. The Director
is requested to provide an update to the Committees no later
than 90 days after the enactment of this Act about specific
next steps to establish the Commission. In addition, there are
concerns that not enough research is focused on lymphedema and
the Director is requested to provide a report to the Committees
within 120 days of enactment of this Act regarding the annual
support level for lymphatic research funding over the past five
years, including the types of grants supported in the last five
fiscal years.
National Laboratories.--The agreement directs NIH to update
the Committees on its work to coordinate efforts with the
Department of Energy's (DOE) National Laboratories as directed
in House Report 116-450. The agreement also encourages NIH to
explore novel applications for radiopharmaceuticals and
leverage next-generation advanced manufacturing techniques for
isotope production being made by DOE-funded research
universities and National Laboratories.
Office of AIDS Research.--The agreement includes no less
than $3,090,000,000 across NIH for HIV/AIDS research.
Office of Research on Women's Health (ORWH).--The agreement
recognizes ORWH efforts to ensure that NIH-supported research
addresses issues that affect women, promote the inclusion of
women in clinical research, and develop and expand
opportunities for women throughout the biomedical research
career pipeline. To support expanding this work, the agreement
includes an increase of $5,000,000.
Pediatric Clinical Trials Authorized Under Best
Pharmaceuticals for Children Act.--The agreement directs that
funding authorized by the Best Pharmaceuticals for Children Act
(Public Law 107-109) include research to prepare for and
conduct clinical trials.
NIH Division of Police.--The agreement notes that the
explanatory statement accompanying the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2021 directs
the Attorney General to ensure implementation of evidence-based
training programs on de-escalation and the use-of-force, as
well as on police-community relations, that are broadly
applicable and scalable to all Federal law enforcement
agencies. The agreement further notes that several agencies
funded by this Act employ Federal law enforcement officers and
are Federal Law Enforcement Training Centers partner
organizations. The agreement directs such agencies to consult
with the Attorney General regarding the implementation of these
programs for their law enforcement officers. The agreement
further directs such agencies to brief the Committees on
Appropriations on their efforts relating to such implementation
no later than 90 days after consultation with the Attorney
General. In addition, the agreement directs such agencies, to
the extent that they are not already participating, to consult
with the Attorney General and the Director of the FBI regarding
participation in the National Use-of-Force Data Collection. The
agreement further directs such agencies to brief the Committees
on Appropriations, no later than 90 days after enactment of
this Act, on their current efforts to so participate.
Post-Research Adoption of Animals in Research.--The
agreement directs NIH to provide a written update on the
development of a policy requiring grantees receiving extramural
grants for research using animals to implement post-research
adoption policies, including an analysis of the associated
costs and potential regulatory burdens, to the Committees
within 180 days of enactment of this Act.
Primate Research.--The agreement recognizes the use of
nonhuman primates in biomedical research for developing
vaccines and treatments for public health threats. It also
acknowledges the obligation in Federal law to minimize animal
research and consider the use of alternatives wherever
possible. The agreement directs NIH to commission an
independent study by the National Academies of Sciences,
Engineering, and Medicine (NASEM) to explore the current and
future use of nonhuman primates in intramural NIH research.
This study should include, but not be limited to: an assessment
of the extent to which primates will continue to be necessary
for intramural NIH biomedical research and, if so, in what
areas; an analysis of primate availability and transportation
options to fulfill current and future research needs; and a
review of existing and anticipated future alternatives to the
use of primates and how these could reduce NIH's reliance on
nonhuman primates to fulfill the agency's mission currently and
in the future.
Swine Research.--The agreement is aware of the value of
some large animal models for use in expediting the translation
of basic research to find cures and new therapeutics for many
human diseases. Pigs are an appropriate animal model for human
health and disease research in some areas given the
similarities of their anatomy and physiology to humans.
Additionally, their genomic structure is three times closer to
that of humans than is the mouse genome. However, pigs have
complex psychological needs and, when used in biomedical
research, should be housed and cared for in accordance with
those needs. Therefore, the agreement strongly encourages NIH
to study elevating the pig to model organism status. In
addition, NIH should identify how Institutes can evaluate the
appropriateness of swine as a model for disease or system-
specific investigation. The agreement directs OD to include an
update on the progress of potentially elevating the pig to
model organism status in the fiscal year 2022 Congressional
Justification.
Trisomy 21.--The agreement commends NIH for its continued
support of the Investigating Co-Occurring Conditions Across the
Lifespan to Understand Down Syndrome (INCLUDE) Initiative. The
Committee includes no less than $65,000,000, an increase of
$5,000,000, for this initiative. The agreement reiterates the
directives under this heading in House Report 116-450. In
addition, the agreement encourages this project to consider
research applications related to complementary and integrative
health approaches to address co-occurring conditions in
individuals with Down syndrome, such as traditional Chinese
medicine on development and Applied Behavioral Analysis and
Applied Verbal Analysis on development and language
acquisition.
Women's Health Research Priorities.--The agreement supports
more focus on this research, including research related to
gynecology and obstetrics, to address rising maternal morbidity
and mortality rates; rising rates of chronic debilitating
conditions in women; and stagnant cervical cancer survival
rates. The agreement encourages NIH to convene a consensus
conference within 180 days of enactment of this Act to include
representatives from relevant stakeholders to evaluate research
currently underway related to such topics. The agreement
requests an update on this effort in the fiscal year 2022
Congressional Justification.
NATIONAL INSTITUTE FOR RESEARCH SAFETY AND QUALITY (NIRSQ)
The agreement does not include funding for NIRSQ.
BUILDINGS AND FACILITIES
The recommendation includes $200,000,000 for buildings and
facilities, in addition to $225,000,000 from HHS' Nonrecurring
Expenses Fund. The explanatory statement accompanying the
Further Consolidated Appropriations Act, 2020 (Public Law 116-
94) encouraged NIH to implement the recommendations of the 2019
NASEM report Managing the NIH Bethesda Campus' Capital Assets
in a Highly Competitive Global Biomedical Research Environment,
especially those relating to developing best practices around
setting priorities and reforming its internal governance
process, including empowering a senior leader to manage capital
planning. Despite its efforts, NIH has not developed a capital
planning process that is used to guide agency decision-making.
Capital planning remains fragmented and inconsistent. The
agreement recognizes the need for significant investment to
modernize NIH's infrastructure in the coming years, but to
ensure this work will be effectively executed, NIH must build a
unified capital planning and management capability to oversee
all of its portfolio. The agreement directs NIH to reform its
internal governance process and policies and empower a senior
leader to manage all of its capital portfolio, including
projects whose cost exceeds $3,500,000, but falls below
$10,000,000. Establishment of the Research Facilities Advisory
Committee (RFAC) has been a step in the right direction, and
the agreement expects that all projects, regardless of their
funding source, will be consistently evaluated and ranked by
the RFAC. The recommendation also expects that as NIH's
portfolio management capabilities mature, it will develop the
policies and practices to assess whether construction,
purchase, or leasing is the most cost-effective approach. The
agreement directs NIH to provide quarterly updates of its
efforts to develop best practices. These briefings should also
include updates of its maintenance and construction plans,
including a dashboard that compares the original and current
scores, rankings, costs and schedule for major milestones of
the projects in its portfolio. Finally, these updates will
highlight and explain any changes from the original baseline
estimates for individual projects.
Substance Abuse and Mental Health Services Administration (SAMHSA)
The agreement encourages SAMHSA to exercise maximum
flexibility when developing funding opportunity announcements
to ensure that all eligible applicants may apply.
MENTAL HEALTH
Certified Community Behavioral Health Clinics.--The
agreement includes increased funding.
Children's Mental Health Services.--The agreement continues
to include a 10 percent set-aside for an early intervention
demonstration program with persons not more than 25 years of
age at clinical high risk of developing a first episode
psychosis.
Mental Health Block Grant.--The agreement includes a
$35,000,000 increase for a new five percent set-aside of the
total for evidence-based crisis care programs as directed in
House Report 116-450.
National Child Traumatic Stress Initiative.--The agreement
includes an increase and directs SAMHSA to distribute the
grants in accordance with the directives in House Report 116-
450.
Within the total provided for Mental Health Programs of
Regional and National Significance (PRNS), the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2021
Budget Activity Agreement
------------------------------------------------------------------------
Capacity:
Seclusion and Restraint............................... $1,147,000
Project AWARE......................................... 107,001,000
Mental Health Awareness Training...................... 23,963,000
Healthy Transitions................................... 29,451,000
Infant and Early Childhood Mental Health.............. 8,000,000
Children and Family Programs.......................... 7,229,000
Consumer and Family Network Grants.................... 4,954,000
Project LAUNCH........................................ 23,605,000
Mental Health System Transformation................... 3,779,000
Primary and Behavioral Health Care Integration........ 52,877,000
National Strategy for Suicide Prevention.............. 23,200,000
Zero Suicide........................................ 21,200,000
American Indian and Alaska Native............... 2,400,000
Suicide Lifeline........................................ 24,000,000
Garrett Lee Smith--Youth Suicide Prevention--States..... 36,427,000
Garrett Lee Smith--Youth Suicide Prevention--Campus... 6,488,000
American Indian and Alaskan Native Suicide Prevention 2,931,000
Initiative...........................................
Tribal Behavioral Grants.............................. 20,750,000
Homelessness Prevention Programs...................... 30,696,000
Minority AIDS......................................... 9,224,000
Criminal and Juvenile Justice Programs................ 6,269,000
Assisted Outpatient Treatment......................... 21,000,000
Assertive Community Treatment for Individuals with 9,000,000
Serious Mental Illness...............................
Science and Service:
Garrett Lee Smith--Suicide Prevention Resource Center. 9,000,000
Practice Improvement and Training..................... 7,828,000
Primary and Behavioral Health Integration Technical 1,991,000
Assistance...........................................
Consumer & Consumer Support Technical Assistance 1,918,000
Centers..............................................
Minority Fellowship Program........................... 10,059,000
Disaster Response..................................... 1,953,000
Homelessness.......................................... 2,296,000
------------------------------------------------------------------------
Infant and Early Childhood Mental Health.--The agreement
includes an increase for grants to entities that are in
different stages of developing infant and early childhood
mental health services. The agreement directs SAMHSA to
allocate a portion of the increase for technical assistance to
existing grantees, to better integrate infant and early
childhood mental health into State Systems.
Mental Health Awareness Training.--SAMHSA is directed to
continue to include as eligible grantees local law enforcement
agencies, fire departments, and emergency medical units with a
special emphasis on training for crisis de-escalation
techniques. SAMHSA is also encouraged to allow training for
veterans and armed services personnel and their family members.
National Suicide Prevention Lifeline.--The agreement
includes an increase and requests that SAMHSA provide a report
to the Committees on Appropriations of the House of
Representatives and the Senate within 180 days after enactment
of this Act on the level of funding required to meet the needs
of the Lifeline, and includes updated data on suicide rates and
attempts. In addition, SAMHSA is directed to provide a report
to the Committees on Appropriations of the House of
Representatives and the Senate and post such report on SAMHSA's
website within 180 days of enactment of this Act detailing call
and text volume over the past three years as applicable. The
report shall also include an assessment of whether other
services such as emails, videos, or other digital modes of
communications would improve service of the Lifeline. As SAMHSA
considers expanding this service, the agreement encourages
SAMHSA to leverage existing infrastructure to the extent
practicable. The agreement further urges SAMHSA to provide
specific training programs for counselors to increase
competency in serving at-risk youth through the utilization of
existing specialized resources.
Project AWARE.--The agreement includes an increase for
school-and campus-based mental health services and support. Of
the amount provided, the agreement directs $12,500,000 for
grants to support efforts in high-crime, high-poverty areas
and, in particular, communities that are seeking to address
relevant impacts and root causes of civil unrest, community
violence, and collective trauma. The agreement requests a
report be submitted to the Committees on Appropriations of the
House of Representatives and Senate outlining grantee efforts
180 days after enactment of this Act.
Suicide Prevention.--The agreement includes increased
funding to expand and enhance access to suicide prevention
resources of the Suicide Lifeline, the Zero Suicide program,
the Garrett Lee Smith Youth Suicide Prevention State Grants
Program, and the Garrett Lee Smith Suicide Prevention Resource
Center.
SUBSTANCE ABUSE TREATMENT
State Opioid Response Grants.--The agreement notes concern
that longstanding guidance to the Department to avoid a
significant cliff between States with similar mortality rates
was overlooked in the award of fiscal year 2020 funds. For
future awards, the agreement directs the Assistant Secretary to
ensure the formula avoids a significant cliff between States
with similar mortality rates to prevent unusually large changes
in certain States when compared to prior year allocations.
SAMHSA is directed to provide State agencies with technical
assistance concerning how to enhance outreach and direct
support to providers and underserved communities. The agreement
continues to direct SAMHSA to conduct a yearly evaluation of
the program to be transmitted to the Committees on
Appropriations of the House of Representatives and Senate no
later than 180 days after enactment and make such an evaluation
publicly available on SAMHSA's website.
Within the total provided for Substance Abuse Treatment
Programs of Regional and National Significance, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2021
Budget Activity Agreement
------------------------------------------------------------------------
Capacity:
Opioid Treatment Programs/Regulatory Activities....... $8,724,000
Screening, Brief Intervention, Referral, and Treatment 30,000,000
PHS Evaluation Funds............................ 2,000,000
Targeted Capacity Expansion--General.................. 102,192,000
Medication-Assisted Treatment for Prescription 91,000,000
Drug and Opioid Addiction......................
Grants to Prevent Prescription Drug/Opioid Overdose... 12,000,000
First Responder Training.............................. 42,000,000
Rural Focus......................................... 24,000,000
Pregnant and Postpartum Women......................... 32,931,000
Recovery Community Services Program................... 2,434,000
Children and Families................................. 29,605,000
Treatment Systems for Homeless........................ 36,386,000
Minority AIDS......................................... 65,570,000
Criminal Justice Activities........................... 89,000,000
Drug Courts......................................... 70,000,000
Improving Access to Overdose Treatment................ 1,000,000
Building Communities of Recovery...................... 10,000,000
Peer Support Technical Assistance Center.............. 1,000,000
Comprehensive Opioid Recovery Centers................. 4,000,000
Emergency Department Alternatives to Opioids.......... 6,000,000
Treatment, Recovery, and Workforce Support............ 6,000,000
Opioid Response Grants................................ 3,000,000
Science and Service:
Addiction Technology Transfer Centers................. 9,046,000
Minority Fellowship Program........................... 5,789,000
------------------------------------------------------------------------
Building Communities of Recovery.--The agreement provides
an increase for enhanced long-term recovery support principally
governed by people in recovery from substance use disorders.
Comprehensive Opioid Recovery Centers.--The agreement
includes an increase and directs SAMHSA to make the funding
opportunity available to all eligible entities, as defined in
section 7121 of the SUPPORT Act (P.L. 115-271), that meet this
criterion. The agreement shifts the program from Mental Health
PRNS.
First Responder Training.--Of the funding provided, the
agreement provides $5,500,000 to make awards to rural public
and non-profit fire and EMS agencies as authorized in the
Supporting and Improving Rural Emergency Medical Service's
Needs (SIREN) Act (P.L. 115-334).
Maternal Mortality and Neonatal Abstinence Syndrome.--The
agreement supports the continued efforts of expanded
implementation of screening, brief intervention, and referral
to treatment and its possible impact on reducing the costs of
neonatal abstinence syndrome (NAS). The agreement encourages
SAMHSA to conduct a study on existing pilot programs on
treatment related to maternal mortality and NAS to determine if
such programs can be scaled within SAMHSA programs to address
this important issue.
Medication-Assisted Treatment for Prescription Drug and
Opioid Addiction.--Within the amount, the agreement includes
$11,000,000 for grants to Indian Tribes, Tribal Organizations,
or consortia. The agreement directs SAMHSA to ensure grants
allow the use of medication-assisted treatment and other
clinically appropriate services to achieve and maintain
abstinence from all opioids, including programs that offer low-
barrier or same day treatment options.
Opioid Abuse in Rural Communities.--The agreement
encourages SAMHSA to support initiatives to advance opioid
abuse prevention, treatment, and recovery objectives, including
by improving access through telehealth. SAMHSA is encouraged to
focus on addressing the needs of individuals with substance use
disorders in rural and medically underserved areas. In
addition, the agreement encourages SAMHSA to consider early
interventions, such as co-prescription of overdose medications
with opioids, as a way to reduce overdose deaths in rural
areas.
Opioid Detoxification.--The agreement recognizes SAMHSA's
efforts to address opioid detoxification within their Federal
grant programs by emphasizing that opioid detoxification should
be followed by medication to prevent relapse to opioid
dependence. The agreement encourages SAMHSA to continue these
efforts.
Opioid Response Grants.--The agreement includes $3,000,000
for supplemental grants to States whose award from the State
Opioid Response formula grant declines by more than 40 percent
in fiscal year 2021 in comparison to fiscal year 2019. The
agreement directs SAMHSA to allocate the funds to eligible
States within 30 days of enactment of this Act.
Pregnant and Postpartum Women.--The agreement encourages
SAMHSA to prioritize States that support best-practice
collaborative models for the treatment and support of pregnant
women with opioid use disorders. SAMHSA is also encouraged to
fund an additional cohort of States under the pilot program
authorized by the Comprehensive Addiction and Recovery Act
(P.L. 114-198).
Treatment Assistance for Localities.--The agreement
recognizes the use of peer recovery specialists and mutual aid
recovery programs that support Medication-Assisted Treatment
and encourages SAMHSA to support these activities as applicable
in its current grant programs.
Treatment for Hepatitis.--The agreement encourages SAMHSA
to work with CDC to develop a plan to increase hepatitis A and
B vaccinations among those populations targeted through
SAMHSA's overdose prevention and substance use treatment
programs. SAMHSA is further encouraged to promote awareness
about the importance of hepatitis A and B vaccination among
medical and health professionals, communities at high risk, and
the general public. The agreement requests an update on these
efforts in the fiscal year 2022 Congressional Justification.
Treatment, Recovery, and Workforce Support.--The agreement
includes an increase to implement section 7183 of the SUPPORT
Act (P.L. 115-271). SAMHSA is directed to, in consultation with
the Secretary of Labor, award competitive grants to entities to
carry out evidence-based programs to support individuals in
substance use disorder treatment and recovery to live
independently and participate in the workforce.
SUBSTANCE ABUSE PREVENTION
Within the total provided for Substance Abuse Prevention
Programs of Regional and National Significance, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2021
Budget Activity Agreement
------------------------------------------------------------------------
Capacity:
Strategic Prevention Framework/Partnerships for $119,484,000
Success..............................................
Strategic Prevention Framework Rx................... 10,000,000
Federal Drug-Free Workplace........................... 4,894,000
Minority AIDS......................................... 41,205,000
Sober Truth on Preventing Underage Drinking (STOP Act) 10,000,000
National Adult-Oriented Media Public Service 2,000,000
Campaign...........................................
Community-based Coalition Enhancement Grants........ 7,000,000
Intergovernmental Coordinating Committee on the 1,000,000
Prevention of Underage Drinking....................
Tribal Behavioral Health Grants....................... 20,750,000
Science and Service:
Center for the Application of Prevention Technologies. 7,493,000
Science and Service Program Coordination.............. 4,072,000
Minority Fellowship Program........................... 321,000
------------------------------------------------------------------------
Non-Federal Workplace Substance Abuse Prevention.--The
agreement recognizes the lack of workplace information designed
to support evidence-based substance abuse prevention education
and encourages SAMHSA to coordinate with OSHA to disseminate
materials for the workplace.
Sober Truth on Preventing Underage Drinking Act (STOP
Act).--The agreement provides an increase for the public health
service campaign.
Strategic Prevention Framework-Partnerships for Success
Program.--The agreement encourages the program to support
comprehensive, multi-sector substance use prevention strategies
to stop or delay the age of initiation of each State's top
three substance use issues for 12 to 18 year old youth as
determined by the State's epidemiological data. The agreement
directs SAMHSA to ensure that State alcohol and drug agencies
remain eligible to apply along with community-based
organizations and coalitions.
HEALTH SURVEILLANCE AND PROGRAM SUPPORT
Within the total provided for health surveillance and
program support, the agreement includes the following amounts:
------------------------------------------------------------------------
FY 2021
Budget Activity Agreement
------------------------------------------------------------------------
Health Surveillance..................................... $47,258,000
PHS Evaluation Funds.................................. 30,428,000
Program Management...................................... 79,000,000
Performance and Quality Information Systems............. 10,000,000
Drug Abuse Warning Network.............................. 10,000,000
Public Awareness and Support............................ 13,000,000
Behavioral Health Workforce Data........................ 1,000,000
PHS Evaluation Funds.................................. 1,000,000
------------------------------------------------------------------------
Interagency Task Force on Trauma-Informed Care.--The
agreement supports the Task Force's authorized activities,
including the dissemination of trauma-informed best practices
and the promotion of such models and training strategies
through all relevant grant programs.
Agency for Healthcare Research and Quality (AHRQ)
The agreement includes $338,000,000 for AHRQ. Within the
total, the agreement includes the following amounts:
------------------------------------------------------------------------
FY 2021
Budget Activity Agreement
------------------------------------------------------------------------
Health Costs, Quality, and Outcomes:
Prevention/Care Management............................ $11,542,000
Health Information Technology (IT).................... 16,349,000
Patient Safety Research............................... 71,615,000
Health Services Research, Data, and Dissemination..... 95,403,000
Medical Expenditure Panel Survey........................ 71,791,000
Program Management...................................... 71,300,000
------------------------------------------------------------------------
Kratom.--The agreement includes $500,000 for research
related to kratom as described in House Report 116-450.
Organ Availability.--The agreement urges AHRQ to evaluate
innovative approaches to enhance the availability of organs,
otherwise encourage donation, and further improve the organ
transplantation process, including through consultation with
other Federal agencies.
Partners Enabling Diagnostic Excellence.--The agreement
includes $2,000,000 to support improving diagnosis in medicine
as described in House Report 116-450.
Prenatal Care for Pregnant Individuals.--The agreement
encourages support for research into efforts to encourage
access to prenatal care for expectant mothers.
Centers for Medicare & Medicaid Services (CMS)
PROGRAM MANAGEMENT
Addressing Obesity and Related Comorbidities.--The
agreement encourages CMS to work to ensure beneficiary access
to the full continuum of care for obesity, including access to
FDA-approved anti-obesity medications under Medicare Part D, if
determined as clinically appropriate by the patient's
physician, consistent with CMS's approach to pharmacotherapy
agents used for weight gain to treat AIDS wasting and cachexia.
The agreement also encourages CMS to reexamine its Medicare
Part B national coverage determination for intensive behavioral
therapy for obesity considering current United States
Preventive Services Task Force recommendations.
Certified Transplant Centers.--The agreement encourages CMS
to consider removing the disincentive for Medicare Certified
Transplant Centers to transfer patients suffering from complete
loss of brain function to organ recovery centers operated by
organ procurement organizations.
Claim Payment Coordination.--The agreement requests updated
information in the fiscal year 2022 congressional justification
that provides options to reform the current system for the
identification of Medicare beneficiaries enrolled in Medicare
Advantage or Part D plans by third party payers in situations
where no-fault or liability insurance or workers' compensation
is involved.
Computed Tomography (CT) Colonography.--The agreement
encourages CMS to consider existing evidence to determine
whether CMS should cover CT colonography as a Medicare-covered
colorectal cancer screening test under section 1861(pp)(l) of
the Social Security Act.
Congregate Care Settings.--Children and adults with mental
illness, and children and adults with disabilities, living in
or receiving services in congregate care settings, are in
facilities not always subject to Federal reporting
requirements. Data collection within these facilities is
critical to identifying risks for these critical populations.
The agreement urges CMS to assess current reporting requirement
regulations and determine whether to include other
institutions.
Continuous Electronic Monitoring.--The agreement encourages
CMS to study the potential efficacy and benefits of continuous
physiologic electronic monitoring of all patients taking
opioids in the hospital.
Creative Ideas to Lower Health Care Costs.--The agreement
encourages CMS to develop creative projects to lower the cost
of care among older populations, including projects that could
leverage international collaborations.
Data Transparency.--The agreement encourages CMS to make
all of the non-institutional provider claims file data
available for researchers in accordance with the manner in
which CMS made the Medicare fee for service hospital, Medicare
Advantage, and Transformed Medicaid Statistical Information
System data available.
Evaluation and Management Services.--The agreement notes
CMS's efforts to ensure appropriate valuation of services under
the Medicare Physician Fee Schedule. The agreement encourages
CMS to assess the effects of any changes on access to services
and workforce incentives.
Excellence in Mental Health.--CMS shall continue to
administer section 223 of Public Law 113-93 and consult with
the Substance Abuse and Mental Health Services Administration,
as necessary.
Expanding Support for Screening and Diagnostic Testing in
Cancer Treatment.--The agreement urges CMS to identify ways to
expand access to screening and testing that involves
appropriate utilization of a companion diagnostic and ensures
the upmost protection of Americans' healthcare data.
Health Insurance Exchange Transparency.--The agreement
continues bill language requiring CMS to continue to provide
cost information for the health insurance exchange, including
all categories described under this heading in the explanatory
statement accompanying division B of Public Law 115-245, as
well as estimated costs for fiscal year 2022.
Home Visiting.--The agreement directs CMS to build upon its
2016 Joint Informational Bulletin to clearly articulate how
Medicaid dollars can be blended and braided appropriately in
home visiting programs to reach eligible families, provide
streamlined coverage options for home visiting services, and
cover specific components of home visiting programs.
Hospital Based Nursing Programs.--The agreement
acknowledges recent CMS guidance that impacts funding for
certain hospital-based nursing programs. The agreement strongly
encourages CMS to engage with impacted stakeholders when
determining next steps.
Hospital Outpatient Prospective Payments.--The agreement
recognizes the U.S. Court of Appeals for the District of
Columbia Circuit reversed the district court to uphold a 2019
Medicare payment rule pertaining to hospital outpatient
prospective payment policies.
Medicare Accelerated and Advanced Payment System.--The
Secretary shall submit a report within 30 days of enactment of
this act, and every 90 days thereafter until April 1, 2021, to
the Committees on Appropriations, Ways and Means, and Energy
and Commerce of the House of Representatives and the Committees
on Appropriations and Finance of the Senate, providing a full
accounting, including methodology, of federal loans provided in
fiscal years 2020 and 2021 through the Medicare Accelerated and
Advanced Payments Program.
Medicare Part D.--The agreement notes that the rising cost
of prescription drugs continues to be a critical issue for all
Americans, including the millions of seniors enrolled in
Medicare. The agreement encourages CMS to take further steps to
reduce patients' out-of-pocket costs.
Medicare Program Integrity Demonstrations Using Advanced
Technology.--The agreement notes that CMS issued a Request for
Information in October 2019 to obtain input on how the agency
can better use emerging technologies to ensure proper claims
payment, reduce provider burden, and generally conduct program
integrity activities in a more efficient manner. The agreement
encourages CMS to consider pilot programs using AI-enabled
documentation and coding technology to address CMS' top program
integrity priorities and reduce administrative burden.
Non-emergency Medical Transportation (NEMT).--The agreement
continues to direct HHS to take no regulatory action on
availability of NEMT service until the Medicaid and CHIP
Payment and Access Commission completes the study requested in
division A of Public Law 116-94. The agreement notes the
Committees anticipate such study to be completed in fiscal year
2021.
Nursing Home Quality.--The agreement strongly supports the
committee recently formed by the National Academies of
Sciences, Engineering, and Medicine to examine the quality of
care in U.S. nursing homes. The agreement looks forward to
reviewing the committee's findings and recommendations.
Quality Care for Cancer.--The agreement is aware of
voluntary accreditation by the American College of Surgeons
Cancer Programs and supports voluntary accreditation efforts
that improve performance evaluation and inform quality care
improvements.
Reimbursement Coding for Reducing Opioid Consumption.--The
agreement encourages CMS to undertake efforts to ensure
reimbursement of FDA-approved devices and therapies for unique
post-surgery patient populations that use alternative means for
effective pain management. In addition, CMS is encouraged to
support provider efforts to track patient pain scores and
reductions in opioid consumption using such alternative means
for effective pain management.
Risk Corridor Program.--The agreement continues to direct
CMS to provide a yearly report to the Committees detailing any
changes to the receipt and transfer of payments.
Rural Hospitals.--The agreement directs CMS to study and
propose solutions that would allow vulnerable hospitals serving
rural and underserved populations to receive relief in the
near-term, as well as explore payment options that can ensure
that more hospitals serving rural and underserved populations
can operate in a more financially sustainable way. These
recommendations should be provided to the Committees on
Appropriations, the Senate Committee on Finance, and the
Committees on Ways and Means and Energy and Commerce of the
House of Representatives within 180 days of enactment of this
Act.
Survey and Certification.--The agreement directs CMS to
provide funding to States and territories through an expedited
process and prioritize efforts to increase quality of care,
infection control, and maintaining staff levels to protect
patients and staff. The agreement urges CMS to coordinate with
the Department of Veterans Affairs on oversight of long-term
care facilities under the Department of Veterans Affairs,
including surveys of such facilities.
Total Parenteral Nutrition Cancer Access.--The agreement
requests that CMS provide the Committees an update within 180
days of enactment of this Act on any plans to revise the
Durable Medical Equipment local policies to allow for
parenteral nutrition for patients with head, neck, and
gastrointestinal cancers.
HEALTH CARE FRAUD AND ABUSE CONTROL
Interagency Coordination.--The agreement supports the
ongoing efforts to coordinate activities between the agencies
within the Department of Justice and the Department of Health
and Human Services and expects this coordination and
collaboration to continue.
Program Integrity.--The agreement encourages CMS to
continue working with Oak Ridge National Laboratory to leverage
Department of Energy's computational facilities to bring state-
of-the-art computational and data analytics capabilities to
address complex issues in CMS to reduce waste, fraud, and
abuse.
Program Integrity and Artificial Intelligence (AI)
Software.--The agreement strongly encourages CMS to incorporate
AI software to examine waste, fraud, and abuse in the
healthcare setting. This technology should allow for the rapid
interpretation of complex health data and quickly identify
patterns associated with waste, fraud, and abuse from the
perspective of both the patient and a facility.
Administration for Children and Families (ACF)
REFUGEE AND ENTRANT ASSISTANCE
The U.S. refugee admission program [USRAP] reflects U.S.
humanitarian and strategic interests. The USRAP provides for
the safe resettlement of some of the most vulnerable refugees
and not only saves lives, but also strengthens national and
global security by providing support and shared responsibility
for strategic allies and regions. The agreement notes that
appropriate consultation with Congress is required by statute
in advance of the President's determination on the number of
refugees to be admitted during the coming fiscal year.
The agreement continues to affirm the community
consultation process embedded in USRAP, a process which is
grounded in public-private partnerships and works most
effectively with cooperation among local, State, and Federal
stakeholders.
The agreement continues to encourage HHS, to the extent
practicable, to ensure resettlement agencies are able to
maintain their infrastructure and capacity at a level to
continue to serve new refugees, previously arrived refugees,
and others who remain statutorily eligible for integration
services, and to ensure future arrivals are adequately served.
The agreement directs the Office of Refugee Resettlement (ORR)
to submit a report within 180 days of enactment of this Act on
efforts ORR is taking to ensure that ORR and its grantees are
able to continue to serve such populations, prevent barriers to
individuals' ability to seek protection and receive services,
and ensure ORR is able to carry out its mission.
Transitional and Medical Services.--The agreement continues
to strongly encourage HHS to increase the percentage of
eligible arrivals served by the matching grant program and to
give matching grant programs flexibility in administering their
programs, including, when justified, carrying over unexpended
funding and slots and providing exemptions to the 31 day
enrollment period.
Victims of Trafficking.--Within the total for this program,
the agreement includes no less than $4,000,000 for the National
Human Trafficking Hotline.
The agreement encourages ACF to work with university health
centers, allied health professions programs, and medical
schools to provide health care and mental health services to
treat the immediate and long-term health needs of victims of
human trafficking and include human trafficking training in
health professions academic programs to prepare students to
recognize victims and intervene on their behalf.
Unaccompanied Alien Children (UAC)
The agreement notes that the front matter of this
explanatory statement establishes that language included in
House Report 116-450 should be complied with unless
specifically addressed to the contrary in this explanatory
statement. In cases where the House Report addresses an issue
not addressed in this joint explanatory statement, the House
Report language is deemed to carry the same emphasis as
language included in this explanatory statement.
The agreement recognizes that HHS estimates it will spend
significantly more on the UAC program in fiscal year 2021 than
is currently supported by annual appropriations. This higher
operating level, supported by fiscal year 2019 supplemental
appropriations, has helped HHS expand its capacity in State-
licensed shelters while expanding services to children. While
the Committees understand there are significant challenges in
estimating annual funding needs, the agreement expects HHS to
continue to work with the Committees to refine estimates of the
resources necessary for sustaining its expanded capacity and
services through the regular, annual appropriations process.
Communicating with Congress.--The agreement directs the
Department to continue updating the ``Latest UAC Data''
available on HHS' website and to continue to provide the
Committees the reports, data, and notifications as required in
fiscal year 2020. Additionally, the agreement directs the
Department to notify the Committees prior to making any
administrative or policy changes expected to impact: the number
of children in ORR custody; shelter operations; the placement
of children with sponsors; or any post-release services.
The agreement expects ORR to routinely report on the status
of efforts undertaken by the Secretary to reunify children with
parents from whom they were separated at the border, including
the number of such reunifications and the length of any
outstanding separations.
The agreement expects ORR to continue to report to the
Committees the death of any unaccompanied child in its custody
within 24 hours, including relevant details regarding the
circumstances of the fatality.
Confidentiality of Mental Health Services.--The agreement
notes serious concern about reports that information provided
by children during ORR counseling sessions was inappropriately
shared with other Federal agencies. The agreement directs ORR
to develop specific policies and procedures within 90 days of
enactment of this Act, consistent with all applicable child
welfare laws, regulations, and licensing requirements,
regarding the confidentiality of counseling and mental health
services provided to unaccompanied children, and of all related
documentation, including case notes and records of therapists
and other clinicians, and to ensure shelter providers are aware
of such policies.
Facility Oversight.--The agreement directs ORR to submit
the reports requested under this heading in House Report 116-
450. The agreement recognizes that ORR has not met its
monitoring goals for biennial comprehensive monitoring of
facilities. The agreement directs ORR to develop a plan to
comply with its policy, to increase facility monitoring to
ensure the safety and well-being of children in its care. The
plan should identify any additional staffing and resources that
would be necessary to conduct annual comprehensive monitoring
visits to each provider facility. The plan should include ways
to abate the challenges in adhering to regular monitoring
schedules, as identified in GAO Report 20-609, and should
incorporate the recommendations of the GAO Report, including
any potential efficiencies that may be gained through
coordination with State licensing agencies.
Records Requests.--The agreement continues to expect ORR to
maintain records and respond to records requests consistent
with the requirements of section 552 of title 5, United States
Code, for information related to all children in ORR's custody,
regardless of whether such children are housed in Federal
facilities or, to the extent possible, non-Federal facilities
managed by other entities. The agreement further notes that the
Department should not withhold records from disclosure unless
the Department reasonably foresees that disclosure would harm
an interest protected by an exemption described in section
552(b) of title 5 or is otherwise prohibited by law.
Services for Children.--The agreement expects ORR to spend
no less than $212,000,000 from all sources in fiscal year 2021
on post-release services, legal services, and child advocates.
This will allow HHS to expand such services beyond fiscal year
2020 levels, to serve children in ORR's care and children
recently released from HHS custody, as well as to additional
high-release communities that are not currently being served.
Sibling Placement.--The agreement directs ORR to place
siblings in the same facility, or with the same sponsor, to the
extent practicable, and so long as it is appropriate and in the
best interest of the child.
Spend Plan.--The agreement directs ORR to continue to
submit a comprehensive spend plan to the Committees every 60
days, incorporating all funding provided in this Act, and
previous Acts, in accordance with section 410 of the Emergency
Supplemental Appropriations for Humanitarian Assistance and
Security at the Southern Border Act, 2019 (P.L. 116-26).
State-Licensed Shelters.--The agreement continues to direct
HHS to prioritize awarding grant or contract funding to
licensed, community-based placements (including foster care and
small group homes) over large-scale institutions, and to notify
the Committees prior to releasing any funding opportunity
announcements, grants or contract awards, or plans to lease or
acquire real property.
The agreement expects ORR to take steps to consider State
licensing issues and past performance of applicants prior to
awarding grants or contracts to care providers, and to
coordinate with State licensing agencies during ORR grant
review processes, and post-State monitoring processes, in
accordance with recommendations made by GAO in GAO Report 20-
609, ``Actions Needed to Improve Grant Application Reviews and
Oversight of Care Facilities''.
Temporary Influx Shelters.--The agreement continues to
expect that influx facilities are used only as a last resort
when there is not sufficient capacity in State-licensed
facilities and continues statutory requirements related to the
operation of influx facilities.
CHILDREN AND FAMILIES SERVICES PROGRAMS
Early Head Start (EHS) Expansion and EHS-Child Care
Partnerships (CCP).--The agreement continues to strongly
support these programs, and directs ACF to continue to
prioritize equally EHS Expansion and EHS-CCP, as determined by
the needs of local communities. The agreement expects that any
funds used for EHS Expansion or EHS-CCP grants that are re-
competed would continue to be used for such purposes. Finally,
the agreement continues to direct ACF to include in the fiscal
year 2022 congressional justification, the actual and estimated
number of funded slots for each of the following: Head Start,
EHS, and EHS-Child Care Partnerships.
State Child Abuse Prevention.--The agreement includes the
directives and reporting requirements regarding child
fatalities and near fatalities as requested under this heading
in House Report 116-450.
Child Abuse Prevention and Treatment Act Infant Plans of
Safe Care.--The agreement continues $60,000,000 to help States
continue to develop and implement plans of safe care as
required by section 106 of the Child Abuse Prevention and
Treatment Act. The agreement directs HHS to provide technical
assistance to States on best-practices and evidence-based
interventions to address the health, safety, and substance use
disorder treatment needs of the child and family, including
guidance on the requirements and key terms in section
106(b)(2)(B) clauses (ii) and (iii), and to evaluate State's
activities on plans of safe care.
Child Abuse Discretionary Activities.--The agreement
includes $1,000,000 for an additional year of grant funding for
text- and online chat-based intervention and education services
through the Child Abuse Hotline.
The agreement encourages the program to work with nonprofit
organizations to provide trauma-informed interventions to
children who have experienced severe trauma caused by abuse or
neglect and to partner with regional children's hospitals to
explore how Institutional Review Board-approved research can
improve the livelihood of children who have been abused,
neglected, or abandoned.
Child Welfare Research, Training and Demonstration.--The
agreement includes $1,000,000 for a pilot project to enhance
Statewide multi-disciplinary child advocacy studies training to
improve training in how to prevent, identify, and respond to
incidences of child abuse. In piloting such training, ACF
should prioritize States with the existing infrastructure to
train a large number of individuals, including existing
partnerships with institutions of higher education in the
State.
Adoption Opportunities.--The agreement includes $1,000,000
to continue the National Adoption Competency Mental Health
Training Initiative.
Social Services Research and Demonstration.--The agreement
directs $1,000,000 to the Child Welfare Intergenerational
Poverty Study as described in House Report 116-450.
Native American Programs.--The agreement includes
$13,000,000 for Native American language preservation
activities, and not less than $5,000,000 for language immersion
programs authorized by section 803C(b)(7)(A)-(C) of the Native
American Programs Act, as amended by the Esther Martinez Native
American Language Preservation Act of 2006.
National Domestic Violence Hotline.--The agreement includes
continued support for the StrongHearts Native Helpline.
Administration for Community Living (ACL)
AGING AND DISABILITY SERVICES PROGRAMS
Protection of Vulnerable Older Americans.--The agreement
includes a $1,000,000 increase for the ombudsman program.
National Family Caregiver Strategy.--The agreement includes
$400,000 for the Family Caregiving Advisory Council.
Aging Network Support Activities.--Within the total, the
agreement continues to provide not less than $5,000,000 for the
Holocaust Survivor's Assistance program.
The agreement includes $4,000,000 to continue the Care
Corps grant funded in fiscal year 2019.
Alzheimer's Disease Program.--Within the total, the
agreement provides up to $2,000,000 for the National
Alzheimer's Call Center.
Elder Rights Support Activities.--Within the total, the
agreement provides $12,000,000 for the Elder Justice and Adult
Protective Services program.
The agreement includes $2,000,000 in grants to address
State guardianship laws and procedures as directed in House
Report 116-450.
Paralysis Resource Center (PRC).--Within the total, the
agreement directs not less than $8,700,000 to the National PRC.
The agreement expects the report requested under this heading
in House Report 116-450 within 180 days of enactment of this
Act.
Developmental Disabilities Programs.--The agreement
encourages ACL to consult with the appropriate Developmental
Disabilities Act stakeholders prior to announcing opportunities
for new technical assistance projects and to notify the
Committees prior to releasing new funding opportunity
announcements, grants, or contract awards with technical
assistance funding.
The agreement includes not less than $700,000 for technical
assistance and training for the State Councils on Developmental
Disabilities.
Intermediate Care Facilities.--The Department is encouraged
to factor the needs and desires of patients, their families,
caregivers, legal representatives, and other stakeholders, as
well as the need to provide proper settings for care, into its
enforcement of the Developmental Disabilities Act.
National Institute on Disability, Independent Living, and
Rehabilitation Research.--The agreement supports continued
investment, as established by Senate Report 115-289, in
research by universities and other eligible entities that seek
to develop technologies that allow for independent living,
address the disabled aging populations, and target rural,
frontier, and tribal communities.
University Centers for Excellence in Developmental
Disabilities.--The agreement includes $1,500,000 to support new
partnerships between existing University Centers for Excellence
in Developmental Disabilities and highly-qualified, non-profit
service providers, to develop models that offer individuals
with Intellectual and Developmental Disabilities and their
families with community-based adult transition and daytime
services to support independent living.
Assistive Technology.--The agreement includes a $500,000
increase for formula grant funding through section 4 of the
Assistive Technology Act.
Office of the Secretary
GENERAL DEPARTMENTAL MANAGEMENT
Cancer Survivorship Care.--The agreement encourages HHS to
complete the identification of best practices for childhood and
adolescent cancer survivorship care as directed by the STAR Act
(Public Law 115-180).
Chronic Kidney Disease.--The agreement encourages the
Secretary to use available funds to support a public awareness
initiative, building on the Administration's July 2019
Advancing American Kidney Health Initiative, which provides
education about kidney disease to providers and at-risk
Americans and promotes early detection, treatment, and
management of kidney disease to improve patient outcomes.
Clinical Psychological Training.--The agreement encourages
the Secretary to review accreditation and eligibility
requirements for the Public Health Service Corps and behavioral
health workforce programs to allow access to the best qualified
applicants, including those who graduate from Psychological
Clinical Science Accreditation System programs
Data Sharing.--The agreement directs the HHS National
Directory of New Hires to update their joint data-sharing
agreement to provide public housing authorities with improved
upfront income verifications through the Enterprise Income
Verification system and to eliminate the hardship of compiling
documents for homeless populations.
Disparity Populations.--The agreement directs the Secretary
to continue the collection of data on disparity populations, as
defined by Healthy People 2021, in surveys administered with
funding in this Act.
Ending the HIV Epidemic.--The agreement provides increases
for this initiative in HRSA, CDC and NIH. Within 90 days of
enactment of this Act, the agreement requests: (1) a spend
plan, broken out by State and county and (2) a briefing for the
Committees on Appropriations of the House of Representatives
and the Senate on progress made to date and outlining how HHS
will use funds in fiscal year 2021 and subsequent fiscal years.
Lung Cancer in Women.--The agreement encourages the
Secretary, in consultation with DoD and VA, to conduct an
interagency study to evaluate the status of research on women
and lung cancer and make recommendations for additional
research on the disparate impact of lung cancer in women who
have never smoked. The study should make recommendations
regarding increased access to lung cancer preventive services
and strategic public awareness and education campaigns related
to lung cancer. The agreement requests an update on these
activities in the fiscal year 2022 congressional justification.
Mental Health Parity.--The agreement directs the Secretary,
in coordination with the Secretary of Labor and the Secretary
of Treasury, to issue regular guidance to ensure compliance
with the Mental Health Parity and Addiction Equity Act.
Nonrecurring Expenses Fund.--The agreement directs HHS to
continue implementing previously notified projects and
prioritize obligations for the following projects: Indian
Health Service facilities, Cybersecurity, FDA laboratory
renovations, and the CDC NIOSH facility. The agreement notes
recent notifications on use of this fund have failed to include
adequate detail on projects. The agreement also notes requested
reports on such fund have not been supplied quarterly as
requested and did not include detail at the project level. The
agreement directs the Department to include all information at
the project level.
Obligation Reports.--The agreement directs the Secretary to
submit electronically to the Committees on Appropriations of
the House of Representatives and the Senate an Excel table
detailing the obligations made in the most recent quarter for
each office and activity funded under this appropriation not
later than 30 days after the end of each quarter.
Operation Warp Speed (OWS).--The agreement expects the
Secretary to take best practices from OWS and use them to
accelerate other areas of medical countermeasures research. The
agreement directs the Secretary to provide an update on OWS in
the fiscal year 2022 congressional justification. In addition,
such update should also include a broader update on efforts to
expand methods and lessons learned through OWS into other areas
of medical countermeasures research.
Organ Availability and Donation Innovation.--The agreement
looks forward to receiving the NASEM study which will examine
and recommend improvements to research, policies, and
activities related to organ donation and transplantation.
Rapid HIV Self-Test.--The agreement notes the important
role that rapid HIV self-testing can play towards meeting the
public health objectives outlined by the Ending the HIV
Epidemic initiative, particularly in regard to rural and
otherwise hard to reach populations. The agreement encourages
HHS to incorporate rapid HIV self-testing into agency efforts
to reduce the spread of HIV.
Screening Framework for Providers of Synthetic Double-
stranded DNA.--The agreement supports the Department's efforts
to update the 2010 Screening Framework Guidance for Providers
of Synthetic Double-stranded DNA and urges HHS to factor in
ways to prevent illicit DNA synthesis and misuse. The agreement
requests an update on this effort to the Committees on
Appropriations of the House of Representatives and the Senate
within 180 days of enactment of this Act.
Sexually Transmitted Infections National Strategic Plan.--
The agreement commends the Department and their Federal
partners in completing the Sexually Transmitted Infections
National Strategic Plan (2021-2025). The agreement requests the
Federal implementation plan to include specific dates of when
the various aspects of the plan will be implemented and how
non-Federal stakeholders and working groups will be included in
the implementation and oversight process.
Staffing Reports.--The agreement includes a general
provision requiring the Department to submit a biannual
staffing report to the Committees. The Excel table shall
include: the names, titles, grades, agencies, and divisions of
all of the political appointees, special government employees,
and detailees that were employed by or assigned to the
Department during the previous 180 days.
Study on Impact of Wildlife Markets on the Emergence of
Novel Viral Pathogens.--The agreement directs GAO to conduct a
study to evaluate the impact wildlife and wet-markets have on
the emergence of novel viral and microbial pathogens. Such
report shall examine the impact these markets have on the
transmission of novel viral and microbial pathogens and
evaluate the role close contacts between human and food animals
have in the transmission of microbes from animals to humans.
Teen Pregnancy Prevention Program.--The agreement does not
include reporting requirements on the Teen Pregnancy Prevention
program.
Tribal Set-Aside.--The agreement includes $1,500,000 as a
Tribal set-aside within the Minority HIV/AIDS Prevention and
Treatment program.
Office of Minority Health (OMH)
Center for Indigenous Innovation and Health Equity.--The
agreement includes $2,000,000 for the Office of Minority Health
to create a Center for Indigenous Innovation and Health Equity
to support efforts including research, education, service, and
policy development related to advancing Indigenous solutions.
The agreement urges HHS to consider partnering with
universities with a focus on Indigenous health research and
policy among Native Americans and Alaska Natives, as well as
universities with a focus on Indigenous health policy and
innovation among Native Hawaiians/Pacific Islanders. Potential
partnerships should include Indigenous leaders and engage
Indigenous community partners in both innovation and health
disparities focus areas, as well as aligned goals and
priorities. The Center should disseminate best practices and
lessons learned to other Indigenous communities, including
through Indigenous digital storytelling. The agreement requests
a report within 120 days of enactment of this Act outlining the
Department's plans for a Center for Indigenous Innovation and
Health Equity.
Lupus.--The agreement includes not less than $2,000,000, to
continue to support the OMH National Lupus Outreach and
Clinical Trial Education program and the goal of increasing
minority participation in lupus clinical trials. The agreement
encourages OMH to continue to develop public-private
partnerships with organizations representing lupus patients,
implement, action plans, and engage the lupus community to
increase participation in clinical trials for all minority
populations at highest risk of lupus.
Minority Leadership Fellowship.--The agreement includes
$500,000 for OMH to establish a Minority Leadership Fellowship
grant program, as described in House Report 116-450.
Racial and Ethnic Health Inequities.--The agreement
encourages OMH to consider commissioning a non-partisan study
of Federal policies that contribute to racial and ethnic health
inequities, as described in House Report 116-450.
Office on Women's Health (OWH)
The agreement includes $5,100,000 to combat violence
against women through the State partnership initiative, an
increase of $1,000,000 above the fiscal year 2020 enacted
level. The agreement directs OWH to account for geographical
diversification in decisions on additional awards.
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY
(ONC)
The agreement includes a $2,000,000 increase to support
interoperability and information sharing efforts related to the
implementation of Fast Healthcare Interoperability Resources
standards or associated implementation standards.
The agreement notes the general provision limiting funds
for actions related to promulgation or adoption of a standard
providing for the assignment of a unique health identifier does
not prohibit the Department from examining the issues around
patient matching, and continues to encourage the Department to
provide technical assistance to private-sector-led initiatives
to develop a coordinated approach that will promote patient
safety by accurately identifying patients to their health
information. Additionally, the agreement expects to receive the
report requested in the explanatory statement accompanying the
Further Consolidated Appropriations Act, 2020 (Public Law 116-
94) on current methods and recommended actions to increase the
likelihood of an accurate match of patients to their health
care data.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
Development of Health Technologies.--The agreement provides
an increase of $2,000,000 to establish a bilateral cooperative
program with the Government of Israel for the development of
health technologies, including but not limited to the
following: artificial intelligence, biofeedback, sensors,
monitoring devices, and kidney care. The program should also
emphasize collaboratively advancing the use of technology,
personalized medicine, and data in relation to aging.
Pediatric Disaster Care.--The agreement includes $6,000,000
for the Pediatric Disaster Care Centers of Excellence.
Hospital Preparedness Program
National Emerging Special Pathogens Training and Education
Centers.--The agreement provides not less than $11,000,000 for
the National Emerging Special Pathogen Training and Education
Center and the ten existing regional Ebola and other special
pathogen treatment centers.
Biomedical Advanced Research and Development Authority
Infectious Diseases.--The agreement commends the Biomedical
Advanced Research and Development Authority (BARDA) for
supporting advanced efforts to develop vaccines, diagnostics,
drugs, and therapeutics to minimize serious threats of
infectious diseases. BARDA is encouraged to continue to
proactively prepare for emerging infectious disease outbreaks,
including investing in rapid screening technology. The
agreement encourages ASPR to delineate information on emerging
infectious diseases, pandemic influenza, and antimicrobial
resistance investments in its annual five-year budget plan for
medical countermeasure (MCM) development to clarify how ASPR is
considering such naturally occurring threats in relation to
other priority areas of MCM development.
Public Health Emergency Preparedness.--The agreement
encourages the Secretary to explore opportunities to prioritize
funding multi-use diagnostic testing platforms for the purpose
of public health and biodefense. The agreement directs the
Secretary to provide an update on these efforts, including an
assessment of the effectiveness of current technologies, in the
fiscal year 2022 Congressional Justification.
Policy and Planning
National Biodefense Strategy.--The agreement strongly
supports continued work on the implementation of the National
Biodefense Strategy. The agreement requests a briefing on this
effort within 180 days of enactment of this Act.
Strategic National Stockpile
Strategic National Stockpile Supplies.-- Not later than 30
days after the date of enactment of this Act, and monthly
thereafter through fiscal year 2021, the Secretary shall report
to the Committees on Appropriations on the current inventory of
ventilators and personal protective equipment in the Strategic
National Stockpile, including the numbers of face shields,
gloves, goggles and glasses, gowns, head covers, masks, and
respirators, as well as deployment of ventilators and personal
protective equipment during the previous week, reported by
State and other jurisdiction. Further, the agreement directs
the Assistant Secretary to ensure that the working group under
section 319F(a) of the Public Health Service Act and the Public
Health Emergency Medical Countermeasures Enterprise (PHEMCE)
established under section 2811-1 of such Act includes
expenditures necessary to maintain the minimum level of
relevant supplies in the Strategic National Stockpile,
including in case of a significant pandemic, in the yearly
submission of the PHEMCE multi-year budget.
Pandemic Influenza Preparedness
Influenza Vaccines.--To create a universal influenza
vaccine, the agreement encourages HHS to continue to explore
research, development, and rapid manufacturing technologies
that support the development of alternatives that complement
the use of vaccines containing live attenuated or killed micro-
organisms.
General Provisions
Prevention and Public Health Fund.--The agreement includes
the following allocation of amounts from the Prevention and
Public Health Fund.
PREVENTION AND PUBLIC HEALTH FUND
------------------------------------------------------------------------
FY 2021
Agency Budget Activity Agreement
------------------------------------------------------------------------
ACL............................... Alzheimer's Disease $14,700,000
Program.
ACL............................... Chronic Disease Self- 8,000,000
Management.
ACL............................... Falls Prevention.... 5,000,000
CDC............................... Hospitals Promoting 9,500,000
Breastfeeding.
CDC............................... Diabetes............ 52,275,000
CDC............................... Epidemiology and 40,000,000
Laboratory Capacity
Grants.
CDC............................... Healthcare 12,000,000
Associated
Infections.
CDC............................... Heart Disease & 57,075,000
Stroke Prevention
Program.
CDC............................... Million Hearts 4,000,000
Program.
CDC............................... Office of Smoking 128,100,000
and Health.
CDC............................... Preventative Health 160,000,000
and Health Services
Block Grants.
CDC............................... Section 317 372,200,000
Immunization Grants.
CDC............................... Lead Poisoning 17,000,000
Prevention.
CDC............................... Early Care 4,000,000
Collaboratives.
SAMHSA............................ Garrett Lee Smith-- 12,000,000
Youth Suicide
Prevention.
------------------------------------------------------------------------
The agreement modifies a provision related to transfer
authority at the National Institutes of Health (NIH).
The agreement modifies a provision related to funds made
available for the Chamblee Campus at the Centers for Disease
Control and Prevention.
The agreement modifies a provision related to facilities
and infrastructure improvements for NIH.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
Innovative Approaches to Literacy.-- The agreement
continues to direct the Department to reserve no less than 50
percent of funds under this program for grants to develop and
enhance effective school library programs, which may include
providing professional development to school librarians, books,
and up-to-date materials to high-need schools. Further, the
agreement directs the Department to ensure that grants are
distributed among eligible entities that will serve
geographically diverse areas, including rural areas and
underserved communities in urban school districts in which
students from low income families make up at least 50 percent
of enrollment.
School Improvement Programs
Supplemental Education Grants (SEG).--The agreement notes
the total for SEG includes funding for the Republic of the
Marshall Islands (RMI) pursuant to section 105(f)(1)(B)(iii) of
the Compact of Free Association Amendments Act of 2003. The
agreement requests an update and an analysis of RMI's education
resource needs as part of the fiscal year 2022 congressional
justification.
Indian Edcucation
National Activities.--The agreement includes $7,865,000 for
National Activities, $500,000 above the fiscal year 2020
enacted level. The fiscal year 2021 increase to National
Activities is directed to support the Department's Native
American language immersion grant program. Funds for the Native
American language immersion program should continue be
allocated to all types of eligible entities, including both new
and existing language immersion programs and schools, to
support the most extensive possible geographical distribution
and language diversity. Further, the Department should continue
to give the same consideration to applicants that propose to
provide partial immersion schools and programs as to full
immersion, as the local Tribes, schools, and other applicants
know best what type of program will most effectively assist
their youth to succeed.
Innovation and Improvement
Education Innovation and Research (EIR).-- Within the total
for EIR, the agreement includes $67,000,000 to provide grants
for social and emotional learning (SEL). In addition, within
the total for EIR, the agreement includes $67,000,000 for
Science, Technology, Education, and Math (STEM) and computer
science education activities. Within the STEM and computer
science set-aside, awards should expand opportunities for
underrepresented students such as minorities, girls, and youth
from families living at or below the poverty line to help
reduce the enrollment and achievement gap. Further, the
agreement continues to support the Department's prioritization
of computer science education for the STEM set-aside in recent
EIR grant competitions. To fulfill both set-asides, the
agreement encourages prioritization of SEL and STEM for both
the early- and mid-phase evidence tiers. Within 90 days of
enactment of this Act, the Department is directed to brief the
Committees on plans for carrying out the SEL and STEM
competitions. In addition, the Department shall provide notice
of grant awards to the Committees at least seven days before
grantees are announced.
Supporting Effective Educator Development (SEED).--Within
SEED, the Department is directed to support professional
development that helps educators incorporate SEL practices into
teaching, and to support pathways into teaching that provide a
strong foundation in child development and learning, including
skills for implementing SEL strategies in the classroom. In
addition, the SEED program is an ideal vehicle for helping
ensure that more highly trained school leaders are available to
serve in traditionally underserved LEAs. Therefore, the
Secretary shall use a portion of funds made available for SEED
to support the preparation of principals and other school
leaders.
Charter Schools Program (CSP).--The Department is directed
to review the extent to which State entities are using set-
aside funds to ensure that charter schools receiving CSP grants
are equipped to appropriately serve all students, including
students with disabilities, and include a summary of findings
of such reviews in the fiscal year 2022 congressional
justification. In addition, the Department is encouraged to
take steps to ensure that technical assistance and
dissemination activities funded elsewhere at the Department, as
appropriate, support the provision and oversight of special
education services in charter schools.
Safe Schools and Citizenship Education
In lieu of funding for the Department to engage in a study
on firearm violence prevention activities with the National
Academies, the agreement provides $106,000,000 for School
Safety National Activities, including a $1,000,000 increase
over the fiscal year 2020 enacted level for the School-Based
Mental Health Services Grant Program.
Rehabilitation Services
Disability Innovation Fund (DIF).--The agreement includes
modified authority within the DIF that allows the Department to
use unallocated funding, in consultation with the Department of
Labor, for competitive grants to improve opportunities for
competitive integrated employment, as defined in the
Rehabilitation Act, for individuals with disabilities. The
Departments shall brief the Committees on Appropriations; the
Committee on Health, Education, Labor, and Pensions of the
Senate; the Committee on Education and Labor of the House of
Representatives; the Committee on Finance of the Senate; and
the Committee on Ways and Means of the House of
Representatives, within 120 days of enactment of this Act, on
its plans for implementation and uses of funds and provide
updates every 6 months thereafter on implementation.
Special Institutions for Persons With Disabilities
American Printing House for the Blind.--The agreement
includes $3,000,000, an increase of $1,000,000, to continue and
expand the Center for Assistive Technology Training regional
partnership established in fiscal year 2019.
National Technical Institute for the Deaf (NTID).--The
agreement includes $6,500,000, an increase of $1,000,000, to
continue and expand NTID's current Regional STEM Center.
Gallaudet University.--The agreement includes $3,500,000,
an increase of $500,000, to continue and expand the current
regional partnership through the Early Learning Acquisition
Project.
Student Financial Assistance
Pell Grants.--The agreement increases the maximum award by
$150, to $6,495 in academic year 2021-2022.
Federal Work Study.--Within the total for Federal Work
Study, the agreement includes $10,136,000, for the Work
Colleges program authorized under section 448 of the Higher
Education Act.
Student Aid Administration
Ability to Benefit.--In addition to the language in House
Report 116-450, the Department is directed to implement the
directive included in the fiscal year 2020 explanatory
statement and issue guidance within 90 days of enactment of
this Act that serves as a simple and clear resource for
implementing Ability to Benefit at institutions of higher
education (IHEs).
Borrowers with Severe Disabilities.--According to the
Department of Education, as of February 2020, approximately
589,000 borrowers were identified as qualifying for total and
permanent disability (TPD) discharge through the Social
Security Administration (SSA) match process, but 362,000 of
those borrowers had not received a discharge at such time. The
Department has noted that borrowers must provide an exact match
to all data elements, and common errors such as a transposed
letter or number, missing hyphen in a name, or name change from
marriage can result in a non-match, meaning the borrower will
not be identified as eligible for a discharge. The Department
is directed to work with relevant agencies, including SSA, to
provide the ability to retain and review any non-matches for
potential clerical errors, and to further simplify all policies
and procedures for this program.
Simplifying the Free Application for Federal Student Aid
(FAFSA).--There is continued support to further simplify the
FAFSA and verification process to reduce the burden on students
and IHEs. The Department should provide support for students
who, due to substance use disorders, are unable to include
parental information in the FAFSA. This could include further
efforts to ensure students and financial aid administrators are
aware of current options for students, providing specific
information and examples of how students whose parents have
substance use disorders can utilize current options, and
exploring other administrative changes to help address the
unique needs of such students.
State-based and Non-profit Servicing Organizations.--The
Department shall ensure a role for State-based and non-profit
servicing organizations in the Next Gen Federal Student Aid
Initiative (Next Gen). Many such organizations have
demonstrated expertise in helping struggling borrowers avoid
default and may be uniquely positioned to assist borrowers who
reside in or attend school in the same State or region. In
addition to the directives in House Report 116-450, the
Department is directed to brief the Committees not later than
120 days after enactment of this Act on how State and Nonprofit
Subcontracting will be incorporated into Next Gen. Further,
such briefing should address concerns about small business
subcontracting spending requirements at the Department,
including how such requirements are determined agency-wide and
for specific solicitations.
Student Loan Servicing.--The agreement includes
$1,853,943,000 for Student Aid Administration. Over the last
several years, Congress has provided significant funding to
support the implementation of the Next Gen initiative; however,
the office of Federal Student Aid (FSA) has changed course
multiple times, raising questions about how FSA is ensuring
Next Gen will result in better use of resources and better
service for borrowers. Most recently, FSA changed course from
the Enhanced Processing Solution and is now working towards a
newly proposed Interim Servicing Solution (ISS). While FSA
states that ISS will be a temporary solution, it is not clear
how long this environment will be in place or whether this
recent course of action is best for borrowers. Accordingly, the
agreement includes new provisions to address specific concerns
with ISS.
The agreement includes a new provision requiring the
Department to delay awarding contracts under the ISS by no less
than 90 days in order to allow appropriate time for a review of
the risks of current contracting plans. The agreement also
includes a new provision that requires Business Process
Operations contractors to be responsible for all servicing
requirements related to ISS immediately upon implementation of
ISS as opposed to only upon implementation of the ISS
Transitional State. This will help ensure continuity of
services for borrowers and limit potential disruptions
associated with the transition to ISS. Further, noting
challenges with the Department's timeline for the transfer of
borrower accounts to ISS vendors, the agreement provides the
Department with the authority to extend current loan servicing
contracts for up to two additional years.
In addition to these new provisions concerning ISS, the
agreement includes a new provision related to accountability
measures for contractor compliance with FSA guidelines. The
agreement also includes a new provision requiring the
Department to provide a detailed spend plan of anticipated uses
of funds. In addition, the language requires FSA to provide
quarterly updates on its progress towards fulfilling the spend
plan, including contracts awarded, change orders, bonuses paid
to staff, reorganization costs, and any other activity carried
out using amounts provided under this heading for fiscal year
2021.
In addition to the directives in House Report 116-450, the
agreement continues to direct the Department to provide to the
Committees quarterly reports detailing its obligation amounts
and plan by quarter for student aid administrative activities,
broken out by servicer, Next Gen contractor and activity, and
detailing contract expenses, performance metric outcomes, total
number of loans, and number of unique borrowers, broken out by
servicer, Next Gen contractor and for each private collection
agency. The agreement also directs the Department to provide
performance metrics outcomes for each servicer and each private
collection agency as used to allocate borrower accounts or loan
volume, regardless of whether such metrics are under review.
Higher Education
Postsecondary Programs for Students with Intellectual Disabilities
The agreement includes $2,000,000 to establish a technical
assistance center to translate and disseminate research and
best practices for all IHEs, including those not participating
in the Transition and Postsecondary Programs for Students with
Intellectual Disabilities (TPSID) program, for improving
inclusive postsecondary education for students with
intellectual disabilities. This center will help ensure that
knowledge and products gained through research will reach more
IHEs and students and improve postsecondary educational
opportunities for students with intellectual disabilities.
Child Care Access Means Parents in Schools (CCAMPIS)
The agreement includes $55,000,000, an increase of
$2,000,000 over fiscal year 2020, for CCAMPIS. In addition to
following the directives in House Report 116-450, and to
address prior concerns about insufficient application periods,
the Department is directed to permit a 90-day application
period for applications for new awards. The agreement extends
the period of availability for these funds through December 31,
2021 to accommodate this new requirement.
Fund for the Improvement of Postsecondary Education
Basic Needs Grants.--The agreement includes $5,000,000 for
this activity described under this heading in House Report 116-
450.
Center of Educational Excellence.--The agreement includes
$2,000,000 for this activity described under this heading in
House Report 116-450.
Centers of Excellence for Veterans Student Success
Program.--The agreement includes $7,000,000 for this activity
described under this heading in House Report 116-450.
Modeling and Simulation Programs.--The agreement includes
$7,000,000 for this activity described under this heading in
House Report 116-450.
National Center for Information and Technical Support for
Postsecondary Students with Disabilities.--The agreement
includes $2,000,000 for this activity described under this
heading in House Report 116-450.
Open Textbook Pilot.--The agreement includes $7,000,000 to
continue the Open Textbook Pilot and support a new grant
competition in fiscal year 2021. The Department is directed to
issue a notice inviting applications and allow for a 60-day
application period. This funding should support a significant
number of grant awards with the same terms and conditions as
specified for this activity in the fiscal year 2020 notice and
House Report 116-450.
Rural Postsecondary and Economic Development Grant
Program.--The agreement includes $10,000,000 for competitive
grants to IHEs and other public and private non-profit
organizations and agencies for innovative approaches to improve
rates of postsecondary enrollment and completion among rural
students through development of career pathways aligned to
high-skill, high-wage or in-demand industry sectors and
occupations in the region. Programs that provide academic and
career counseling and exposure to post-secondary opportunities
to students as early as 8th grade and continuing through
secondary and post-secondary education, have been shown to
significantly increase rates of post-secondary enrollment and
completion among rural students. In awarding grants, the
Department should give priority to applications that include
partnerships with regional economic development or workforce
agencies, regional employers, or other relevant nonprofit
organizations. Further, the Department should prioritize
applications that include strategies for developing and
maintaining long-term college and career advising relationships
with middle and high school students to support them through
their transition to postsecondary education, including services
to help students transition from 2- to 4-year programs as
necessary; support alignment of academic programs with, and
development of, career pathways to high-need occupations in the
region; and include a sustainability plan to maintain programs
and services after completion of the grant.
Transitioning Gang-Involved Youth to Higher Education.--The
agreement includes $1,000,000 for this activity described under
this heading in House Report 116-450.
Howard University
The agreement includes $34,325,000 for the Howard
University Hospital. Within the total, the agreement includes
$7,000,000 to begin work to modernize the hospital's facilities
and will continue to evaluate the needs of this multi-year
initiative.
Institute of Education Sciences (IES)
Operating Plan.--The agreement directs the Director to
submit an operating plan within 90 days of enactment of this
Act to the Committees detailing how IES plans to allocate
funding available to the Institute for research, evaluation,
and other activities.
Departmental Management
Diverse Geographical Distribution of Grants.--The
Department is encouraged to continue efforts to ensure that
competitive grants are distributed among eligible entities that
serve geographically diverse areas, including urban, suburban,
and rural areas. It is critical that support and solutions
developed with Federal funding are relevant to and available in
all areas consistent with authorization of Federal programs.
Open Data Formats.--The Department is encouraged to take
necessary planning steps to facilitate the publication of any
information that is publicly disclosed by the Department for
the purpose of comparing IHEs, programs, and credentials
(including their competencies) using open data standards, such
as formats, schemas, and description languages. Such steps
should enable public search and comparison through linked
public data assets. The Department is further encouraged to
submit a report to the Committees, within 120 days of enactment
of this Act, outlining a plan for providing such data,
including any challenges, barriers to implementation, as well
as anticipated costs for IHEs and the Department.
Perkins Loan Program.--The agreement continues the
authority for the Department to provide administrative cost
allowances for IHEs servicing outstanding Perkins loans. The
agreement is concerned that the Department has not utilized
this authority. The agreement directs the Department to provide
a report to the Committees outlining why this authority has not
been used, the number of institutions eligible under this
authority, and an assessment of the potential costs to the
Student Aid Administration account should such authority be
fully utilized.
Post-Secondary Transfer Articulation Agreements.--Transfer
articulation agreements between community colleges and 4-year
colleges and universities can play an important role in
promoting access, affordability, and completion in higher
education. The agreement encourages the Department to gather
input from States to develop and disseminate best practices on
implementing and scaling up comprehensive statewide systems on
articulation agreements.
Report Cards.--The Department is directed to brief House
and Senate authorizing and appropriations committees not later
than 120 days after enactment of this Act on implementation of
report card requirements of the Every Student Succeeds Act,
including reporting of per-pupil expenditures; actual and
planned monitoring of report card requirements, including
actions in addition to consolidated monitoring; and assistance
to States in their and LEA's efforts to comply with such
requirements.
General Provisions
The agreement continues authority for pooled evaluation
authority.
The agreement continues a provision regarding endowment
income.
The agreement continues authority for the National Advisory
Committee on Institutional Quality and Integrity.
The agreement continues authority for account maintenance
fees.
The agreement modifies a provision rescinding unobligated
discretionary balances previously appropriated for the Pell
grant program.
The agreement modifies a provision rescinding fiscal year
2020 mandatory funding to offset the mandatory costs of
increasing the discretionary Pell award.
The agreement includes a new provision regarding a
Nonrecurring Expenses Fund.
The agreement includes a new provision regarding the
General Education Provisions Act.
The agreement includes a new provision making technical
corrections to Title II-A of the Elementary and Secondary
Education Act.
The agreement includes a new provision regarding the Rural
Education Achievement Program.
The agreement modifies a provision regarding cohort default
rates.
The agreement includes a new provision related to the
Randolph-Sheppard Act.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
The agreement includes an additional $350,000 for the one-
time costs associated with a move of the Inspector General with
the headquarters office.
Corporation for National and Community Service (CNCS)
OPERATING EXPENSES
Innovation, Demonstration, and Assistance Activities.--The
agreement includes $9,600,000 for innovation, assistance, and
other activities. The agreement includes $6,400,000 for the
Volunteer Generation Fund, $2,100,000 for the September 11th
National Day of Service and Remembrance and $1,100,000 for the
Martin Luther King, Jr. National Day of Service.
Professional Corps.--The agreement continues to direct CNCS
to include a determination of need by the local community among
the factors that a professional corps program may use to
demonstrate an inadequate number of professionals in a
community. Further, the agreement continues to strongly
encourage CNCS to increase the maximum amount of operations
funds per member service year that a professional corps program
may request as part of their grant application. Finally, the
agreement continues to direct CNCS to provide professional
corps programs flexibility in justifying the need for operating
funds to ensure that these programs are able to provide high-
quality services in all communities.
Transformation and Sustainability Plan (TSP).--The
agreement continues to direct CNCS to ensure that TSP does not
create any degradation in services, technical assistance, or
support for local community service programs, particularly
these operating in under-served and rural areas, and to provide
periodic briefings to the Committees on implementation efforts
of such plan.
Institute of Museum and Library Services
The agreement includes funds for the following activities:
------------------------------------------------------------------------
FY 2021
Budget Activity Agreement
------------------------------------------------------------------------
Library Services Technology Act:
Grants to States...................................... $168,803,000
Native American Library Services...................... 5,263,000
National Leadership: Libraries........................ 13,406,000
Laura Bush 21st Century Librarian..................... 10,000,000
Museum Services Act:
Museums for America................................... 26,899,000
Native American/Hawaiian Museum Services.............. 2,272,000
National Leadership: Museums.......................... 8,113,000
African American History and Culture Act:
Museum Grants for African American History & Culture.. 3,231,000
Research, Analysis, and Data Collection............... 3,513,000
Program Administration................................ 15,500,000
Total............................................... 257,000,000
------------------------------------------------------------------------
Reopening Archives, Libraries, and Museums.--The agreement
provides $500,000 for this project.
Medicaid and CHIP Payment and Access Commission (MACPAC)
Non-Emergency Medical Transportation.--The agreement
recognizes that the study requested in P.L. 116-94 is ongoing
and the Committees await the forthcoming report.
National Labor Relations Board (NLRB)
The agreement directs the Board to expand the number of
regional full-time equivalent staff beyond the amount on-board
at the end of the fourth quarter of fiscal year 2019. Within 90
days of enactment of this Act, NLRB is directed to brief the
Committees on Appropriations on its plans for addressing these
critical hiring challenges.
The agreement directs the NLRB to provide 180 days advance
notification to the Committees on Appropriations and
Comptroller General of the United States regarding any
restructuring, realignment, or resource sharing plan of the
NLRB. The agency shall brief the Committees on the plan within
30 days of providing such plan, and provide periodic updates
regarding implementation of such plan every 30 days thereafter.
Railroad Retirement Board
LIMITATION ON ADMINISTRATION
The agreement includes $114,500,000, an increase of
$1,000,000 above the fiscal year 2020 enacted level, for
administrative expenses.
Social Security Administration (SSA)
LIMITATION ON ADMINISTRATIVE EXPENSES
The agreement includes an increase of $67,000,000 for SSA's
base administrative expenses.
Continuing Disability Reviews (CDR).--The agreement
continues to direct SSA to include in its annual CDR Report to
Congress an evaluation of its CDR prioritization models and a
detailed cost-benefit analysis of how it uses estimated savings
in determining which beneficiaries receive a full-medical CDR.
Disability Hearings Backlog.--The agreement continues to
encourage SSA to include comprehensive information in its
existing reports to Congress on the specific policies SSA has
implemented, or has considered, to streamline the disability
determination and adjudication process while protecting due
process, ensuring that applicants have a full and adequate
opportunity to present their claims.
Field Office Closures.--Field office closures can result in
diminished ability for vital customer service opportunities for
members of impacted communities. The agreement expects SSA to
work to find an appropriate balance between field office
services and online services for beneficiaries, with a focus on
supporting front line operations. SSA is directed to ensure its
policies and procedures for closing field offices include at
least 120 days advance notice to the public, SSA employees,
Congress, and other stakeholders. Such notice should include a
rationale for the proposed closure and delineate the impact
such closure is anticipated to have on beneficiaries. The
agreement requests an update in the fiscal year 2022
congressional justification on efforts to maintain field office
operations and reduce service wait times.
Occupational Information System (OIS) and Medical
Vocational Guidelines.--The agreement continues to direct SSA
to include in its annual report on OIS sufficient details on
plans to fully implement OIS in coming years.
Work Incentives Planning and Assistance (WIPA) and
Protection and Advocacy for Beneficiaries of Social Security
(PABSS).--The agreement includes $23,000,000 for WIPA and
$7,000,000 for PABSS.
TITLE V
GeneraL Provisions
The agreement modifies a provision related to Performance
Partnerships.
The agreement includes a new provision to rescind
unobligated balances.
The agreement includes a new provision to delay obligation
of unobligated balances.
The agreement includes a new provision to provide funds for
a program related to drinking water and wastewater.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2021
(H.R. 133; P.L. 116-260)
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2021
=======================================================================
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2021
TITLE I
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $18,760; the
President Pro Tempore of the Senate, $37,520; Majority Leader
of the Senate, $39,920; Minority Leader of the Senate, $39,920;
Majority Whip of the Senate, $9,980; Minority Whip of the
Senate, $9,980; President Pro Tempore Emeritus, $15,000;
Chairmen of the Majority and Minority Conference Committees,
$4,690 for each Chairman; and Chairmen of the Majority and
Minority Policy Committees, $4,690 for each Chairman; in all,
$189,840.
For representation allowances of the Majority and Minority
Leaders of the Senate, $14,070 for each such Leader; in all,
$28,140.
Salaries, Officers and Employees
For compensation of officers, employees, and others as
authorized by law, including agency contributions,
$222,727,000, which shall be paid from this appropriation as
follows:
office of the vice president
For the Office of the Vice President, $2,533,000.
office of the president pro tempore
For the Office of the President Pro Tempore, $759,000.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore Emeritus,
$326,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $5,506,000.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,525,000.
committee on appropriations
For salaries of the Committee on Appropriations, $16,143,000.
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman
of each such committee, $1,738,000 for each such committee; in
all, $3,476,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the
Majority and the Conference of the Minority, $862,000.
policy committees
For salaries of the Majority Policy Committee and the
Minority Policy Committee, $1,776,000 for each such committee;
in all, $3,552,000.
office of the chaplain
For Office of the Chaplain, $510,000.
office of the secretary
For Office of the Secretary, $26,818,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper,
$88,879,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the
Secretary for the Minority, $1,940,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized
by law, and related expenses, $67,898,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative
Counsel of the Senate, $6,681,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal
Counsel, $1,197,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate,
$7,110; Sergeant at Arms and Doorkeeper of the Senate, $7,110;
Secretary for the Majority of the Senate, $7,110; Secretary for
the Minority of the Senate, $7,110; in all, $28,440.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the
Senate, or conducted under paragraph 1 of rule XXVI of the
Standing Rules of the Senate, section 112 of the Supplemental
Appropriations and Rescission Act, 1980 (Public Law 96-304),
and Senate Resolution 281, 96th Congress, agreed to March 11,
1980, $133,265,000, of which $13,350,000 shall remain available
until September 30, 2023.
u.s. senate caucus on international narcotics control
For expenses of the United States Senate Caucus on
International Narcotics Control, $508,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$9,536,000 of which $6,436,000 shall remain available until
September 30, 2025 and of which $3,100,000 shall remain
available until expended.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and
Doorkeeper of the Senate, $139,221,200, which shall remain
available until September 30, 2025: Provided, That of the
amounts made available under this heading, $4,740,000, to
remain available until expended, shall be for the Joint Audible
Warning System.
miscellaneous items
For miscellaneous items, $24,877,100 which shall remain
available until September 30, 2023.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$461,000,000 of which $20,128,950 shall remain available until
September 30, 2023 and of which $6,000,000 shall be allocated
solely for the purpose of providing financial compensation to
Senate interns.
official mail costs
For expenses necessary for official mail costs of the Senate,
$300,000.
Administrative Provisions
(Including Rescission of Funds)
requiring amounts remaining in senators' official personnel and office
expense account to be used for deficit reduction or to reduce the
federal debt
Sec. 101. Notwithstanding any other provision of law, any
amounts appropriated under this Act under the heading
``SENATE'' under the heading ``Contingent Expenses of the
Senate'' under the heading ``senators' official personnel and
office expense account'' shall be available for obligation only
during the fiscal year or fiscal years for which such amounts
are made available. Any unexpended balances under such
allowances remaining after the end of the period of
availability shall be returned to the Treasury in accordance
with the undesignated paragraph under the center heading
``GENERAL PROVISION'' under chapter XI of the Third
Supplemental Appropriation Act, 1957 (2 U.S.C. 4107) and used
for deficit reduction (or, if there is no Federal budget
deficit after all such payments have been made, for reducing
the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
rescission
Sec. 102. Of the unobligated balances made available under
the heading ``Senate--Contingent Expenses of the Senate--
Settlements and Awards Reserve'' in the Legislative Branch
Appropriations Act, 1996 (Public Law 104-53), $1,000,000 are
hereby permanently rescinded.
extension of authority
Sec. 103. Section 21(d) of Senate Resolution 64 of the One
Hundred Thirteenth Congress, 1st session (agreed to on March 5,
2013), as most recently amended by section 103 of the
Legislative Branch Appropriations Act, 2019 (division B of
Public Law 115-244), is further amended by striking ``December
31, 2020'' and inserting ``December 31, 2022''.
senate democratic leadership offices funding and authorities
Sec. 104. (a) In this section--
(1) the term ``applicable conference'' means the
majority or minority conference of the Senate, as
applicable, that represents the Democratic party;
(2) the term ``covered Congress'' means the 117th
Congress; and
(3) the term ``covered period'' means the period
beginning on the date on which the Secretary of the
applicable conference submits the letter described in
subsection (b) and ending on January 3, 2023.
(b) The Secretary of the applicable conference may, by
submission of a letter to the Disbursing Office of the Senate
on or after January 3, 2021, assign to the Assistant Leader of
the applicable conference the following duties and authorities
for the duration of the covered Congress:
(1) The authority over any amounts made available for
the Office of the Secretary of the applicable
conference.
(2) The duties and authorities of the Secretary of
the applicable conference under section 3 of title I of
division H of the Consolidated Appropriations Act, 2008
(2 U.S.C. 6154), section 102 of chapter VIII of title I
of the Supplemental Appropriations Act, 1979 (2 U.S.C.
6156), or any other provision of law.
(c) For purposes of any individual employed by the Office of
the Assistant Leader of the applicable conference during the
covered period--
(1) any reference to the Office of the Secretary of
the applicable conference in the last sentence of
section 506(e) of the Supplemental Appropriations Act,
1973 (2 U.S.C. 6314(e)) shall be deemed to refer to the
Office of the Assistant Leader of the applicable
conference;
(2) any reference to the Office of the Secretary of
the applicable conference under subsection (b) of the
first section of S. Res. 458 (98th Congress) shall be
deemed to refer to the Office of the Assistant Leader
of the applicable conference; and
(3) any reference to the Secretary of the applicable
conference under section 207(e)(9)(M) of title 18,
United States Code, shall be deemed to refer to the
Assistant Leader of the applicable conference.
(d) For purposes of any individual employed by the Office of
the Assistant Leader of the applicable conference during the
covered period and with respect to any practice that occurs
during the covered period, any reference to the Office of the
Secretary of the applicable conference under section
220(e)(2)(C) of the Congressional Accountability Act of 1995 (2
U.S.C. 1351(e)(2)(C)) shall be deemed to be a reference to the
Office of the Assistant Leader of the applicable conference.
(e) Nothing in this section shall be construed to have any
effect on the continuation of any procedure or action initiated
under the Congressional Accountability Act of 1995 (2 U.S.C.
1301 et seq.) or section 207 of title 18, United States Code.
student loan cap adjustment
Sec. 105. (a) Section 102 of the Legislative Branch
Appropriations Act, 2002 (2 U.S.C. 4579) is amended--
(1) in subsection (c)(2)(A)--
(A) in clause (i), by striking `` $500'' and
inserting `` $833''; and
(B) in clause (ii), by striking `` $40,000''
and inserting `` $80,000''; and
(2) in subsection (h)(1), by striking ``2 percent''
each place it appears and inserting ``2.5 percent''.
(b) The amendments made by subsection (a) shall take effect
on March 1, 2021.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,480,819,000, as follows:
House Leadership Offices
For salaries and expenses, as authorized by law, $28,884,000,
including: Office of the Speaker, $8,295,000, including $25,000
for official expenses of the Speaker; Office of the Majority
Floor Leader, $2,947,000, including $10,000 for official
expenses of the Majority Leader; Office of the Minority Floor
Leader, $8,295,000, including $10,000 for official expenses of
the Minority Leader; Office of the Majority Whip, including the
Chief Deputy Majority Whip, $2,448,000, including $5,000 for
official expenses of the Majority Whip; Office of the Minority
Whip, including the Chief Deputy Minority Whip, $2,219,000,
including $5,000 for official expenses of the Minority Whip;
Republican Conference, $2,340,000; Democratic Caucus,
$2,340,000: Provided, That such amount for salaries and
expenses shall remain available from January 3, 2021 until
January 2, 2022.
Members' Representational Allowances
including members' clerk hire, official expenses of members, and
official mail
For Members' representational allowances, including Members'
clerk hire, official expenses, and official mail, $640,000,000.
Allowance for Compensation of Interns in Member Offices
For the allowance established under section 120 of the
Legislative Branch Appropriations Act, 2019 (2 U.S.C. 5322a)
for the compensation of interns who serve in the offices of
Members of the House of Representatives, $11,025,000, to remain
available through January 2, 2022: Provided, That
notwithstanding section 120(b) of such Act, an office of a
Member of the House of Representatives may use not more than
$25,000 of the allowance available under this heading during
calendar year 2021.
Allowance for Compensation of Interns in House Leadership Offices
For the allowance established under section 113 of the
Legislative Branch Appropriations Act, 2020 (2 U.S.C. 5106) for
the compensation of interns who serve in House leadership
offices, $365,000, to remain available through January 2, 2022:
Provided, That of the amount provided under this heading,
$200,000 shall be available for the compensation of interns who
serve in House leadership offices of the majority, to be
allocated among such offices by the Speaker of the House of
Representatives, and $165,000 shall be available for the
compensation of interns who serve in House leadership offices
of the minority, to be allocated among such offices by the
Minority Floor Leader.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $138,100,000:
Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2022, except that
$3,100,000 of such amount shall remain available until expended
for committee room upgrading.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$24,725,000, including studies and examinations of executive
agencies and temporary personal services for such committee, to
be expended in accordance with section 202(b) of the
Legislative Reorganization Act of 1946 and to be available for
reimbursement to agencies for services performed: Provided,
That such amount shall remain available for such salaries and
expenses until December 31, 2022.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $260,781,000, including: for salaries and
expenses of the Office of the Clerk, including the positions of
the Chaplain and the Historian, and including not more than
$25,000 for official representation and reception expenses, of
which not more than $20,000 is for the Family Room and not more
than $2,000 is for the Office of the Chaplain, $31,975,000, of
which $4,000,000 shall remain available until expended; for
salaries and expenses of the Office of the Sergeant at Arms,
including the position of Superintendent of Garages and the
Office of Emergency Management, and including not more than
$3,000 for official representation and reception expenses,
$23,260,000, of which $11,000,000 shall remain available until
expended; for salaries and expenses of the Office of the Chief
Administrative Officer including not more than $3,000 for
official representation and reception expenses, $177,200,000,
of which $26,000,000 shall remain available until expended; for
salaries and expenses of the Office of Diversity and Inclusion,
$1,500,000; for salaries and expenses of the Office of the
Whistleblower Ombudsman, $1,000,000; for salaries and expenses
of the Office of the Inspector General, $5,019,000; for
salaries and expenses of the Office of General Counsel,
$1,815,000; for salaries and expenses of the Office of the
Parliamentarian, including the Parliamentarian, $2,000 for
preparing the Digest of Rules, and not more than $1,000 for
official representation and reception expenses, $2,088,000; for
salaries and expenses of the Office of the Law Revision Counsel
of the House, $3,469,000; for salaries and expenses of the
Office of the Legislative Counsel of the House, $11,937,000;
for salaries and expenses of the Office of Interparliamentary
Affairs, $934,000; for other authorized employees, $584,000.
Allowances and Expenses
For allowances and expenses as authorized by House resolution
or law, $374,939,000, including: supplies, materials,
administrative costs and Federal tort claims, $1,555,000;
official mail for committees, leadership offices, and
administrative offices of the House, $190,000; Government
contributions for health, retirement, Social Security,
contractor support for actuarial projections, and other
applicable employee benefits, $335,000,000, to remain available
until March 31, 2022; salaries and expenses for Business
Continuity and Disaster Recovery, $18,508,000, of which
$6,000,000 shall remain available until expended; transition
activities for new members and staff, $13,000,000, to remain
available until expended; Wounded Warrior Program and the
Congressional Gold Star Family Fellowship Program, $3,975,000,
to remain available until expended; Office of Congressional
Ethics, $1,711,000; and miscellaneous items including purchase,
exchange, maintenance, repair and operation of House motor
vehicles, interparliamentary receptions, and gratuities to
heirs of deceased employees of the House, $1,000,000.
House of Representatives Modernization Initiatives Account
(including transfer of funds)
For the House of Representatives Modernization Initiatives
Account established in section 115, $2,000,000, to remain
available until expended: Provided, That disbursement from
this account is subject to approval of the Committee on
Appropriations of the House of Representatives: Provided
further, That funds provided in this account shall only be used
for initiatives recommended by the Select Committee on
Modernization or approved by the Committee on House
Administration.
Administrative Provisions
requiring amounts remaining in members' representational allowances to
be used for deficit reduction or to reduce the federal debt
Sec. 110. (a) Notwithstanding any other provision of law, any
amounts appropriated under this Act for ``HOUSE OF
REPRESENTATIVES--Salaries and Expenses--members'
representational allowances'' shall be available only for
fiscal year 2021. Any amount remaining after all payments are
made under such allowances for fiscal year 2021 shall be
deposited in the Treasury and used for deficit reduction (or,
if there is no Federal budget deficit after all such payments
have been made, for reducing the Federal debt, in such manner
as the Secretary of the Treasury considers appropriate).
(b) The Committee on House Administration of the House of
Representatives shall have authority to prescribe regulations
to carry out this section.
(c) As used in this section, the term ``Member of the House
of Representatives'' means a Representative in, or a Delegate
or Resident Commissioner to, the Congress.
limitation on amount available to lease vehicles
Sec. 111. None of the funds made available in this Act may
be used by the Chief Administrative Officer of the House of
Representatives to make any payments from any Members'
Representational Allowance for the leasing of a vehicle,
excluding mobile district offices, in an aggregate amount that
exceeds $1,000 for the vehicle in any month.
cybersecurity assistance for house of representatives
Sec. 112. The head of any Federal entity that provides
assistance to the House of Representatives in the House's
efforts to deter, prevent, mitigate, or remediate cybersecurity
risks to, and incidents involving, the information systems of
the House shall take all necessary steps to ensure the
constitutional integrity of the separate branches of the
government at all stages of providing the assistance, including
applying minimization procedures to limit the spread or sharing
of privileged House and Member information.
rescissions of funds
Sec. 113. (a) Of the unobligated balances available from
prior appropriations Acts from the revolving fund established
under House Resolution 64, Ninety Eighth Congress, agreed to
February 8, 1983, as enacted into permanent law by section 110
of the Congressional Operations Appropriation Act, 1984 (2
U.S.C. 4917), $212,976 is hereby rescinded.
(b) Of the unobligated balances available from prior
appropriations Acts from the revolving fund established in the
item relating to ``Stationery'' under the heading ``House of
Representatives, Contingent Expenses of the House'' in the
first section of the Legislative Branch Appropriation Act, 1948
(2 U.S.C. 5534), $1,000,000 is hereby rescinded.
(c) Of the unobligated balances available from prior
appropriations Acts from the Net Expenses of Telecommunications
Revolving Fund under section 102 of the Legislative Branch
Appropriations Act, 2005 (2 U.S.C. 5538), $3,000,000 is hereby
rescinded.
student loan cap adjustment
Sec. 114. (a) Increase in Lifetime Limit.--Section 105 of the
Legislative Branch Appropriations Act, 2003 (2 U.S.C. 4536) is
amended--
(1) by redesignating subsections (b) and (c) as
subsections (c) and (d); and
(2) by inserting after subsection (a) the following
new subsection:
``(b) Lifetime Limit on Aggregate Payments Made on Behalf of
Any Individual.--The aggregate amount of payments made on
behalf of any individual under the program under this section
by all employing offices of the House of Representatives may
not exceed $80,000.''.
(b) Effective Date; Transition.--
(1) Effective date.--The amendment made by subsection
(a) shall apply with respect to fiscal year 2021 and
each succeeding fiscal year.
(2) Permitting additional payments on behalf of
individuals whose payments reached prior limit.--In
promulgating regulations to carry out the amendment
made by subsection (a), the Committee on House
Administration of the House of Representatives shall
include regulations to permit payments to be made under
the program under section 105 of the Legislative Branch
Appropriations Act, 2003 (2 U.S.C. 4536) on behalf of
an individual who--
(A) is an employee of an employing office of
the House during fiscal year 2021 or any
succeeding fiscal year;
(B) prior to fiscal year 2021, had payments
made on the individual's behalf under the
program under such section; and
(C) prior to fiscal year 2021, became
ineligible to have payments made on the
individual's behalf under the program because
the aggregate amount of the payments made on
the individual's behalf under the program
reached the limit on such aggregate amount
which (under regulations promulgated by the
Committee) was in effect prior to fiscal year
2021.
house of representatives modernization initiatives account
Sec. 115. (a) Establishment.--There is hereby established in
the Treasury of the United States an account for the House of
Representatives to be known as the ``House of Representatives
Modernization Initiatives Account'' (hereafter in this section
referred to as the ``Account'').
(b) Use of Funds.--Funds in the Account shall be used by the
House of Representatives to carry out initiatives to modernize
the operations of the House, including initiatives to promote
administrative efficiencies and expand the use of innovative
technologies in offices of the House.
(c) Continuing Availability of Funds.--Funds in the Account
are available without fiscal year limitation.
(d) Authorizing Transfers of Funds Among Other House
Accounts.--Section 101(c)(2) of the Legislative Branch
Appropriations Act, 1993 (2 U.S.C. 5507(c)(2)) is amended by
striking ``, and `Allowance for Compensation of Interns in
House Leadership Offices'.'' and inserting `` `Allowance for
Compensation of Interns in House Leadership Offices', and
`House of Representatives Modernization Initiatives
Account'.''.
(e) Effective Date.--This section and the amendments made by
this section shall apply with respect to fiscal year 2021 and
each succeeding fiscal year.
congressional mailing standards
Sec. 116. (a) Short Title.--This section may be cited as the
``Communications Outreach Media and Mail Standards Act'' or the
``COMMS Act''.
(b) Renaming House Commission on Congressional Mailing
Standards.--
(1) In general.--Section 5(a) of the Act entitled
``An Act to amend title 39, United States Code, to
clarify the proper use of the franking privilege by
Members of Congress, and for other purposes'', approved
December 18, 1973 (2 U.S.C. 501(a)), is amended by
striking ``House Commission on Congressional Mailing
Standards'' and inserting ``House Communications
Standards Commission''.
(2) Conforming amendments.--
(A) Title 39.--Title 39, United States Code,
is amended by striking ``House Commission on
Congressional Mailing Standards'' and inserting
``House Communications Standards Commission''
each place it appears in the following
sections:
(i) Section 3210(a)(5), (a)(6)(D),
(b)(3), (d)(5), and (d)(6)(A).
(ii) Section 3216(e)(1) and (e)(2).
(iii) Section 3220(b).
(B) Other provisions.--Section 311 of the
Legislative Branch Appropriations Act, 1991 (2
U.S.C. 503) is amended by striking ``House
Commission on Congressional Mailing Standards''
and inserting ``House Communications Standards
Commission'' each place it appears in
subsections (a)(3), (e)(1)(B), and (f).
(3) References in other documents.--Any reference in
any rule, regulation, or other document to the House
Commission on Congressional Mailing Standards shall be
deemed to be a reference to the House Communications
Standards Commission.
(c) Authority of Commission Over Official Mass
Communications.--
(1) Authority to provide guidance regarding
dissemination of mass communications.--
(A) In general.--Section 5(d) of the Act
entitled ``An Act to amend title 39, United
States Code, to clarify the proper use of the
franking privilege by Members of Congress, and
for other purposes'', approved December 18,
1973 (2 U.S.C. 501(d)), is amended--
(i) in the first sentence, by
striking ``The Commission'' and
inserting ``(1) The Commission''; and
(ii) by adding at the end the
following new paragraph:
``(2) In addition to the guidance, assistance,
advice, and counsel described in paragraph (1), the
Commission shall provide--
``(A) guidance, assistance, advice, and
counsel, through advisory opinions or
consultations, in connection with any law and
with any rule or regulation of the House of
Representatives governing the dissemination of
mass communications other than franked mail;
and
``(B) guidance, assistance, advice, and
counsel in connection with any law and with any
rule or regulation of the House of
Representatives governing the official content
of other official communications of any
quantity, whether solicited or unsolicited.''.
(B) Authority to investigate complaints.--
Section 5(e) of such Act (2 U.S.C. 501(e)) is
amended--
(i) in the first sentence, by
striking ``Any complaint'' and all that
follows through ``is about to occur''
and inserting the following: ``Any
complaint that a violation of any
provision of law or any rule or
regulation of the House of
Representatives to which subsection (d)
applies is about to occur''; and
(ii) in the sentence beginning with
``Notwithstanding any other provision
of law'', by striking ``a violation of
the franking laws or an abuse of the
franking privilege by any person listed
under subsection (d) of this section as
entitled to send mail as franked
mail,'' and inserting ``a violation of
any provision of law or any rule or
regulation of the House of
Representatives to which subsection (d)
applies,''.
(C) Mass communication defined.--Section 5 of
such Act (2 U.S.C. 501) is amended by adding at
the end the following new subsection:
``(h) In this section, the term `mass communication' means a
mass mailing described in section 3210(a)(6)(E) of title 39,
United States Code, or any other unsolicited communication of
substantially identical content which is transmitted to 500 or
more persons in a session of Congress, as provided under
regulations of the Commission, except that such term does not
include--
``(1) any communication from an individual described
in subsection (d) to another individual described in
subsection (d), a Senator, or any Federal, State,
local, or Tribal government official;
``(2) any news release to the communications media;
``(3) any such mass mailing or unsolicited
communication made in direct response to a
communication from a person to whom the mass mailing or
unsolicited communication was transmitted; or
``(4) in the case of any such unsolicited
communication which is transmitted in a digital format,
a communication for which the cost of the content is
less than a threshold amount established under
regulations of the House Communications Standards
Commission.''.
(2) Authority to review all unsolicited mass
communications.--
(A) Requiring review before dissemination.--
Section 311(f) of the Legislative Branch
Appropriations Act, 1991 (2 U.S.C. 503(f)) is
amended--
(i) by striking ``any mass mailing''
and inserting ``any mass
communication'';
(ii) by striking ``mail matter'' and
inserting ``matter''; and
(iii) by striking ``such proposed
mailing'' and inserting ``such proposed
communication''.
(B) Exception for certain communications.--
Section 311(f) of such Act (2 U.S.C. 503(f)) is
amended--
(i) by striking ``A Member'' and
inserting ``(1) Except as provided in
paragraph (2), a Member''; and
(ii) by adding at the end the
following new paragraph:
``(2) Paragraph (1) does not apply in the case of any type of
mass communication which is designated as exempt from the
requirements of such paragraph as provided under regulations of
the House Communications Standards Commission.''.
(C) Definition.--Section 311(g) of such Act
(2 U.S.C. 503(g)) is amended--
(i) by striking ``and'' at the end of
paragraph (1);
(ii) by striking the period at the
end of paragraph (2) and inserting ``;
and''; and
(iii) by adding at the end the
following new paragraph:
``(3) the term `mass communication' means a mass
mailing described in section 3210(a)(6)(E) of title 39,
United States Code, or any other unsolicited
communication of substantially identical content which
is transmitted to 500 or more persons in a session of
Congress, as provided under regulations of the House
Communications Standards Commission, except that such
term does not include--
``(A) any communication from a Member of the
House of Representatives to another Member of
the House of Representatives, a Senator, or any
Federal, State, or local government official;
``(B) any news release to the communications
media;
``(C) any such mass mailing or unsolicited
communication made in direct response to a
communication from a person to whom the mass
mailing or unsolicited communication was
transmitted; or
``(D) in the case of any such unsolicited
communication which is transmitted in a digital
format, a communication for which the cost of
the content is less than a threshold amount
established under regulations of the House
Communications Standards Commission.''.
(3) Conforming amendment to rules of the house of
representatives.--Clause 9 of rule XXIV of the Rules of
the House of Representatives is amended by inserting
after ``that session,'' the following: ``or any other
unsolicited communication of substantially identical
content which is transmitted to 500 or more persons in
that session or, in the case of a digital communication
of substantially identical content, which is
disseminated at a cost exceeding a designated amount,
as provided under regulations of the House
Communications Standards Commission,''.
(d) Revision to Mass Mailing Notice on Taxpayer Funding.--
Section 311(a) of the Legislative Branch Appropriations Act,
1997 (2 U.S.C. 506(a)) is amended--
(1) by striking ``(a) Each mass mailing'' and
inserting ``(a)(1) Each mass mailing'';
(2) by striking ``the following notice:'' and all
that follows through ``or a notice'' and inserting
``one of the notices described in paragraph (2) or a
notice''; and
(3) by adding at the end the following new paragraph:
``(2) The notices described in this paragraph are as follows:
``(A) `Paid for with official funds from the office
of _____.', with the blank filled in with the name of
the Member sending the mailing.
``(B) `Paid for by the funds authorized by the House
of Representatives for District __ of _____.', with the
first blank filled in with the name of the
congressional district number, and the second blank
filled in with the name of the State, of the Member
sending the mailing.
``(C) `Paid for by official funds authorized by the
House of Representatives.' ''.
(e) Revisions to Restrictions on Mail Matter Considered
Frankable.--
(1) Expressions of congratulations.--Section
3210(a)(3)(F) of title 39, United States Code, is
amended by striking ``to a person who has achieved some
public distinction''.
(2) Biographical information related to official and
representational duties.--Section 3210(a)(3)(I) of such
title is amended by striking ``publication or in
response to a specific request therefor'' and inserting
the following: ``publication, in response to a specific
request therefor, or which relates to the Member's or
Member-elect's official and representational duties,''.
(3) Photos and likenesses included in newsletters or
general mass mailings.--Section 3210(a)(3) of such
title is amended--
(A) by adding ``or'' at the end of
subparagraph (H);
(B) in subparagraph (I), by striking ``; or''
and inserting a period; and
(C) by striking subparagraph (J).
(4) Clarification of ability of members to use
franked mail to send personal messages to
constituents.--Section 3210(a)(4) of such title is
amended by striking the period at the end and inserting
the following: ``, except that nothing in this
paragraph may be construed to prohibit the use of the
franking privilege for the transmission of matter which
is purely personal to a recipient who is a constituent
of a Member of Congress and which is related to the
official business, activities, and duties of the
Member.''.
(5) Uniform blackout period for all members of
congress.--
(A) Uniform period.--Section 3210(a)(6)(A) of
such title is amended--
(i) in clause (i), by striking ``(or,
in the case of a Member of the House,
fewer than 90 days)''; and
(ii) in clause (ii)(II), by striking
``90 days'' and inserting ``60 days''.
(B) Effective date.--The amendments made by
paragraph (1) shall apply with respect to the
regularly scheduled general election for
Federal office held in November 2020 and each
succeeding election for public office.
(6) Information on certain matters.--Section
3210(a)(6)(E) of such title is amended--
(A) by striking ``or'' at the end of clause
(ii);
(B) by striking the period at the end of
clause (iii) and inserting ``; or''; and
(C) by adding at the end the following new
clause:
``(iv) providing information exclusively on
competitions which are officially sanctioned by the
House of Representatives or Senate, nominations to
military service academies, official employment
listings for positions in the House of Representatives
(including listings for positions in the Wounded
Warrior Program or the Gold Star Family Fellowship
Program), or natural disasters or other threats to
public health and life safety.''.
(f) Effective Date.--Except as provided in subsection
(e)(5)(B), this section and the amendments made by this section
shall apply with respect to communications disseminated on or
after the date of the enactment of this Act.
authorizing use of members' representational allowance for expenses of
members-elect
Sec. 117. (a) Authorization.--Section 101(a) of the House of
Representatives Administrative Reform Technical Corrections Act
(2 U.S.C. 5341(a)) is amended--
(1) by striking ``a Member'' and inserting ``a Member
or Member-elect''; and
(2) by striking ``the Member'' and inserting ``the
Member or Member-elect''.
(b) Regulations.--Section 101(d) of such Act (2 U.S.C.
5341(d)) is amended by striking the period at the end and
inserting the following: ``, including regulations establishing
under subsection (a) the official and representational duties
during a Congress of a Member-elect of the House of
Representatives who is not an incumbent Member re-elected to
the ensuing Congress.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to Members-elect of the House of
Representatives for the One Hundred Seventeenth Congress and
each succeeding Congress.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$11,905,000, to be disbursed by the Chief Administrative
Officer of the House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and his
assistants, including:
(1) an allowance of $2,175 per month to the Attending
Physician;
(2) an allowance of $1,300 per month to the Senior
Medical Officer;
(3) an allowance of $725 per month each to three
medical officers while on duty in the Office of the
Attending Physician;
(4) an allowance of $725 per month to 2 assistants
and $580 per month each not to exceed 11 assistants on
the basis heretofore provided for such assistants; and
(5) $2,796,000 for reimbursement to the Department of
the Navy for expenses incurred for staff and equipment
assigned to the Office of the Attending Physician,
which shall be advanced and credited to the applicable
appropriation or appropriations from which such
salaries, allowances, and other expenses are payable
and shall be available for all the purposes thereof,
$3,869,000, to be disbursed by the Chief Administrative
Officer of the House of Representatives.
Office of Congressional Accessibility Services
Salaries and Expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,536,000, to be disbursed by the
Secretary of the Senate.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay, and Government contributions for
health, retirement, social security, professional liability
insurance, and other applicable employee benefits, $424,397,000
of which overtime shall not exceed $50,246,000 unless the
Committee on Appropriations of the House and Senate are
notified, to be disbursed by the Chief of the Capitol Police or
his designee.
General Expenses
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security
equipment and installation, uniforms, weapons, supplies,
materials, training, medical services, forensic services,
stenographic services, personal and professional services, the
employee assistance program, the awards program, postage,
communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol
Police in connection with official representation and reception
expenses, $91,144,000, to be disbursed by the Chief of the
Capitol Police or his designee: Provided, That,
notwithstanding any other provision of law, the cost of basic
training for the Capitol Police at the Federal Law Enforcement
Training Center for fiscal year 2021 shall be paid by the
Secretary of Homeland Security from funds available to the
Department of Homeland Security: Provided further, That of the
amounts made available under this heading, $3,639,000, to
remain available until expended, shall be for the Joint Audible
Warning System.
Administrative Provision
student loan cap adjustment
Sec. 120. Section 908(c) of the Emergency Supplemental Act,
2002 (2 U.S.C. 1926(c)), is amended by striking `` $60,000''
and inserting `` $80,000''.
OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
Salaries and Expenses
For salaries and expenses necessary for the operation of the
Office of Congressional Workplace Rights, $7,500,000, of which
$1,000,000 shall remain available until September 30, 2022, and
of which not more than $1,000 may be expended on the
certification of the Executive Director in connection with
official representation and reception expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to
be expended on the certification of the Director of the
Congressional Budget Office in connection with official
representation and reception expenses, $57,292,000: Provided,
That the Director shall use not less than $500,000 of the
amount made available under this heading for (1) improving
technical systems, processes, and models for the purpose of
improving the transparency of estimates of budgetary effects to
Members of Congress, employees of Members of Congress, and the
public, and (2) to increase the availability of models,
economic assumptions, and data for Members of Congress,
employees of Members of Congress, and the public.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For salaries for the Architect of the Capitol, and other
personal services, at rates of pay provided by law; for all
necessary expenses for surveys and studies, construction,
operation, and general and administrative support in connection
with facilities and activities under the care of the Architect
of the Capitol including the Botanic Garden; electrical
substations of the Capitol, Senate and House office buildings,
and other facilities under the jurisdiction of the Architect of
the Capitol; including furnishings and office equipment;
including not more than $5,000 for official reception and
representation expenses, to be expended as the Architect of the
Capitol may approve; for purchase or exchange, maintenance, and
operation of a passenger motor vehicle, $127,462,000, of which
$1,500,000 shall remain available until September 30, 2025.
Capitol Building
For all necessary expenses for the maintenance, care and
operation of the Capitol, $34,719,000, of which $6,099,000
shall remain available until September 30, 2025.
Capitol Grounds
For all necessary expenses for care and improvement of
grounds surrounding the Capitol, the Senate and House office
buildings, and the Capitol Power Plant, $20,560,000, of which
$7,800,000 shall remain available until September 30, 2025.
Senate Office Buildings
For all necessary expenses for the maintenance, care and
operation of Senate office buildings; and furniture and
furnishings to be expended under the control and supervision of
the Architect of the Capitol, $89,615,280, of which $22,200,000
shall remain available until September 30, 2025.
House Office Buildings
(including transfer of funds)
For all necessary expenses for the maintenance, care and
operation of the House office buildings, $138,780,000, of which
$14,540,000 shall remain available until September 30, 2025,
and of which $62,000,000 shall remain available until expended
for the restoration and renovation of the Cannon House Office
Building: Provided, That of the amount made available under
this heading, $9,000,000 shall be derived by transfer from the
House Office Building Fund established under section 176(d) of
the Continuing Appropriations Act, 2017, as added by section
101(3) of the Further Continuing Appropriation Act, 2017
(Public Law 114-254; 2 U.S.C. 2001 note).
Capitol Power Plant
For all necessary expenses for the maintenance, care and
operation of the Capitol Power Plant; lighting, heating, power
(including the purchase of electrical energy) and water and
sewer services for the Capitol, Senate and House office
buildings, Library of Congress buildings, and the grounds about
the same, Botanic Garden, Senate garage, and air conditioning
refrigeration not supplied from plants in any of such
buildings; heating the Government Publishing Office and
Washington City Post Office, and heating and chilled water for
air conditioning for the Supreme Court Building, the Union
Station complex, the Thurgood Marshall Federal Judiciary
Building and the Folger Shakespeare Library, expenses for which
shall be advanced or reimbursed upon request of the Architect
of the Capitol and amounts so received shall be deposited into
the Treasury to the credit of this appropriation, $97,761,000,
of which $13,700,000 shall remain available until September 30,
2025: Provided, That not more than $10,000,000 of the funds
credited or to be reimbursed to this appropriation as herein
provided shall be available for obligation during fiscal year
2021.
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and
grounds, $83,446,000, of which $51,600,000 shall remain
available until September 30, 2025.
Capitol Police Buildings, Grounds and Security
For all necessary expenses for the maintenance, care and
operation of buildings, grounds and security enhancements of
the United States Capitol Police, wherever located, the
Alternate Computing Facility, and Architect of the Capitol
security operations, $45,993,000, of which $15,700,000 shall
remain available until September 30, 2025: Provided, That of
the amounts made available under this heading, $2,500,000, to
remain available until expended, shall be for the Joint Audible
Warning System.
Botanic Garden
For all necessary expenses for the maintenance, care and
operation of the Botanic Garden and the nurseries, buildings,
grounds, and collections; and purchase and exchange,
maintenance, repair, and operation of a passenger motor
vehicle; all under the direction of the Joint Committee on the
Library, $20,986,000, of which $8,300,000 shall remain
available until September 30, 2025: Provided, That, of the
amount made available under this heading, the Architect of the
Capitol may obligate and expend such sums as may be necessary
for the maintenance, care and operation of the National Garden
established under section 307E of the Legislative Branch
Appropriations Act, 1989 (2 U.S.C. 2146), upon vouchers
approved by the Architect of the Capitol or a duly authorized
designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol
Visitor Center, $24,751,000.
Administrative Provision
no bonuses for contractors behind schedule or over budget
Sec. 130. None of the funds made available in this Act for
the Architect of the Capitol may be used to make incentive or
award payments to contractors for work on contracts or programs
for which the contractor is behind schedule or over budget,
unless the Architect of the Capitol, or agency-employed
designee, determines that any such deviations are due to
unforeseeable events, government-driven scope changes, or are
not significant within the overall scope of the project and/or
program.
LIBRARY OF CONGRESS
Salaries and Expenses
For all necessary expenses of the Library of Congress not
otherwise provided for, including development and maintenance
of the Library's catalogs; custody and custodial care of the
Library buildings; information technology services provided
centrally; special clothing; cleaning, laundering and repair of
uniforms; preservation of motion pictures in the custody of the
Library; operation and maintenance of the American Folklife
Center in the Library; preparation and distribution of catalog
records and other publications of the Library; hire or purchase
of one passenger motor vehicle; and expenses of the Library of
Congress Trust Fund Board not properly chargeable to the income
of any trust fund held by the Board, $523,654,000, and, in
addition, amounts credited to this appropriation during fiscal
year 2021 under the Act of June 28, 1902 (chapter 1301; 32
Stat. 480; 2 U.S.C. 150), shall remain available until
expended: Provided, That the Library of Congress may not
obligate or expend any funds derived from collections under the
Act of June 28, 1902, in excess of the amount authorized for
obligation or expenditure in appropriations Acts: Provided
further, That of the total amount appropriated, not more than
$18,000 may be expended, on the certification of the Librarian
of Congress, in connection with official representation and
reception expenses, including for the Overseas Field Offices:
Provided further, That of the total amount appropriated,
$9,424,000 shall remain available until expended for the
Teaching with Primary Sources program: Provided further, That
of the total amount appropriated, $1,384,000 shall remain
available until expended for upgrade of the Legislative Branch
Financial Management System: Provided further, That of the
total amount appropriated, $250,000 shall remain available
until expended for the Surplus Books Program to promote the
program and facilitate a greater number of donations to
eligible entities across the United States: Provided further,
That of the total amount appropriated, $3,720,000 shall remain
available until expended for the Veterans History Project to
continue digitization efforts of already collected materials,
reach a greater number of veterans to record their stories, and
promote public access to the Project: Provided further, That
of the total amount appropriated, $10,000,000 shall remain
available until expended for the Library's Visitor Experience
project, and may be obligated and expended only upon approval
by the Subcommittee on the Legislative Branch of the Committee
on Appropriations of the House of Representatives and by the
Subcommittee on the Legislative Branch of the Committee on
Appropriations of the Senate: Provided further, That of the
total amount appropriated, $4,370,000 shall remain available
until September 30, 2025, to complete the second of three
phases of the shelving replacement in the Law Library's
collection storage areas: Provided further, That of the total
amount appropriated, $2,500,000 shall remain available until
September 30, 2022, for the phase-out and retirement of the de-
acidification preservation program.
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office,
$93,416,000, of which not more than $38,004,000, to remain
available until expended, shall be derived from collections
credited to this appropriation during fiscal year 2021 under
sections 708(d) and 1316 of title 17, United States Code:
Provided, That the Copyright Office may not obligate or expend
any funds derived from collections under such section in excess
of the amount authorized for obligation or expenditure in
appropriations Acts: Provided further, That not more than
$6,778,000 shall be derived from collections during fiscal year
2021 under sections 111(d)(2), 119(b)(3), 803(e), and 1005 of
such title: Provided further, That the total amount available
for obligation shall be reduced by the amount by which
collections are less than $44,782,000: Provided further, That
of the funds provided under this heading, not less than
$17,100,000 is for modernization initiatives, of which
$10,000,000 shall remain available until September 30, 2022:
Provided further, That not more than $100,000 of the amount
appropriated is available for the maintenance of an
``International Copyright Institute'' in the Copyright Office
of the Library of Congress for the purpose of training
nationals of developing countries in intellectual property laws
and policies: Provided further, That not more than $6,500 may
be expended, on the certification of the Librarian of Congress,
in connection with official representation and reception
expenses for activities of the International Copyright
Institute and for copyright delegations, visitors, and
seminars: Provided further, That, notwithstanding any
provision of chapter 8 of title 17, United States Code, any
amounts made available under this heading which are
attributable to royalty fees and payments received by the
Copyright Office pursuant to sections 111, 119, and chapter 10
of such title may be used for the costs incurred in the
administration of the Copyright Royalty Judges program, with
the exception of the costs of salaries and benefits for the
Copyright Royalty Judges and staff under section 802(e).
Congressional Research Service
salaries and expenses
For all necessary expenses to carry out the provisions of
section 203 of the Legislative Reorganization Act of 1946 (2
U.S.C. 166) and to revise and extend the Annotated Constitution
of the United States of America, $125,495,000: Provided, That
no part of such amount may be used to pay any salary or expense
in connection with any publication, or preparation of material
therefor (except the Digest of Public General Bills), to be
issued by the Library of Congress unless such publication has
obtained prior approval of either the Committee on House
Administration of the House of Representatives or the Committee
on Rules and Administration of the Senate: Provided further,
That this prohibition does not apply to publication of non-
confidential Congressional Research Service (CRS) products:
Provided further, That a non-confidential CRS product includes
any written product containing research or analysis that is
currently available for general congressional access on the CRS
Congressional Intranet, or that would be made available on the
CRS Congressional Intranet in the normal course of business and
does not include material prepared in response to Congressional
requests for confidential analysis or research.
National Library Service for the Blind and Print Disabled
salaries and expenses
For all necessary expenses to carry out the Act of March 3,
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $59,563,000:
Provided, That of the total amount appropriated, $650,000 shall
be available to contract to provide newspapers to blind and
print disabled residents at no cost to the individual.
Administrative Provision
reimbursable and revolving fund activities
Sec. 140. (a) In General.--For fiscal year 2021, the
obligational authority of the Library of Congress for the
activities described in subsection (b) may not exceed
$252,552,000.
(b) Activities.--The activities referred to in subsection (a)
are reimbursable and revolving fund activities that are funded
from sources other than appropriations to the Library in
appropriations Acts for the legislative branch.
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
(including transfer of funds)
For authorized publishing of congressional information and
the distribution of congressional information in any format;
publishing of Government publications authorized by law to be
distributed to Members of Congress; and publishing, and
distribution of Government publications authorized by law to be
distributed without charge to the recipient, $78,000,000:
Provided, That this appropriation shall not be available for
paper copies of the permanent edition of the Congressional
Record for individual Representatives, Resident Commissioners
or Delegates authorized under section 906 of title 44, United
States Code: Provided further, That this appropriation shall
be available for the payment of obligations incurred under the
appropriations for similar purposes for preceding fiscal years:
Provided further, That notwithstanding the 2-year limitation
under section 718 of title 44, United States Code, none of the
funds appropriated or made available under this Act or any
other Act for printing and binding and related services
provided to Congress under chapter 7 of title 44, United States
Code, may be expended to print a document, report, or
publication after the 27-month period beginning on the date
that such document, report, or publication is authorized by
Congress to be printed, unless Congress reauthorizes such
printing in accordance with section 718 of title 44, United
States Code: Provided further, That unobligated or unexpended
balances of expired discretionary funds made available under
this heading in this Act for this fiscal year may be
transferred to, and merged with, funds under the heading
``Government Publishing Office Business Operations Revolving
Fund'' no later than the end of the fifth fiscal year after the
last fiscal year for which such funds are available for the
purposes for which appropriated, to be available for carrying
out the purposes of this heading, subject to the approval of
the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That
notwithstanding sections 901, 902, and 906 of title 44, United
States Code, this appropriation may be used to prepare indexes
to the Congressional Record on only a monthly and session
basis.
Public Information Programs of the Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the public information programs of the Office
of Superintendent of Documents necessary to provide for the
cataloging and indexing of Government publications in any
format, and their distribution to the public, Members of
Congress, other Government agencies, and designated depository
and international exchange libraries as authorized by law,
$32,300,000: Provided, That amounts of not more than
$2,000,000 from current year appropriations are authorized for
producing and disseminating Congressional serial sets and other
related publications for the preceding two fiscal years to
depository and other designated libraries: Provided further,
That unobligated or unexpended balances of expired
discretionary funds made available under this heading in this
Act for this fiscal year may be transferred to, and merged
with, funds under the heading ``Government Publishing Office
Business Operations Revolving Fund'' no later than the end of
the fifth fiscal year after the last fiscal year for which such
funds are available for the purposes for which appropriated, to
be available for carrying out the purposes of this heading,
subject to the approval of the Committees on Appropriations of
the House of Representatives and the Senate.
Government Publishing Office Business Operations Revolving Fund
For payment to the Government Publishing Office Business
Operations Revolving Fund, $6,700,000, to remain available
until expended, for information technology development and
facilities repair: Provided, That the Government Publishing
Office is hereby authorized to make such expenditures, within
the limits of funds available and in accordance with law, and
to make such contracts and commitments without regard to fiscal
year limitations as provided by section 9104 of title 31,
United States Code, as may be necessary in carrying out the
programs and purposes set forth in the budget for the current
fiscal year for the Government Publishing Office Business
Operations Revolving Fund: Provided further, That not more
than $7,500 may be expended on the certification of the
Director of the Government Publishing Office in connection with
official representation and reception expenses: Provided
further, That the Business Operations Revolving Fund shall be
available for the hire or purchase of not more than 12
passenger motor vehicles: Provided further, That expenditures
in connection with travel expenses of the advisory councils to
the Director of the Government Publishing Office shall be
deemed necessary to carry out the provisions of title 44,
United States Code: Provided further, That the Business
Operations Revolving Fund shall be available for temporary or
intermittent services under section 3109(b) of title 5, United
States Code, but at rates for individuals not more than the
daily equivalent of the annual rate of basic pay for level V of
the Executive Schedule under section 5316 of such title:
Provided further, That activities financed through the Business
Operations Revolving Fund may provide information in any
format: Provided further, That the Business Operations
Revolving Fund and the funds provided under the heading
``Public Information Programs of the Superintendent of
Documents'' may not be used for contracted security services at
Government Publishing Office's passport facility in the
District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability
Office, including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States
in connection with official representation and reception
expenses; temporary or intermittent services under section
3109(b) of title 5, United States Code, but at rates for
individuals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule under
section 5315 of such title; hire of one passenger motor
vehicle; advance payments in foreign countries in accordance
with section 3324 of title 31, United States Code; benefits
comparable to those payable under sections 901(5), (6), and (8)
of the Foreign Service Act of 1980 (22 U.S.C. 4081(5), (6), and
(8)); and under regulations prescribed by the Comptroller
General of the United States, rental of living quarters in
foreign countries, $661,139,000: Provided, That, in addition,
$31,342,000 of payments received under sections 782, 791, 3521,
and 9105 of title 31, United States Code, shall be available
without fiscal year limitation: Provided further, That this
appropriation and appropriations for administrative expenses of
any other department or agency which is a member of the
National Intergovernmental Audit Forum or a Regional
Intergovernmental Audit Forum shall be available to finance an
appropriate share of either Forum's costs as determined by the
respective Forum, including necessary travel expenses of non-
Federal participants: Provided further, That payments
hereunder to the Forum may be credited as reimbursements to any
appropriation from which costs involved are initially financed.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust Fund
for financing activities of the Open World Leadership Center
under section 313 of the Legislative Branch Appropriations Act,
2001 (2 U.S.C. 1151), $6,000,000: Provided, That funds made
available to support Russian participants shall only be used
for those engaging in free market development, humanitarian
activities, and civic engagement, and shall not be used for
officials of the central government of Russia.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the
John C. Stennis Center for Public Service Training and
Development Act (2 U.S.C. 1105), $430,000.
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act
shall be used for the maintenance or care of private vehicles,
except for emergency assistance and cleaning as may be provided
under regulations relating to parking facilities for the House
of Representatives issued by the Committee on House
Administration and for the Senate issued by the Committee on
Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act
shall remain available for obligation beyond fiscal year 2021
unless expressly so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929 (46
Stat. 32 et seq.) is appropriated for or the rate of
compensation or designation of any office or position
appropriated for is different from that specifically
established by such Act, the rate of compensation and the
designation in this Act shall be the permanent law with respect
thereto: Provided, That the provisions in this Act for the
various items of official expenses of Members, officers, and
committees of the Senate and House of Representatives, and
clerk hire for Senators and Members of the House of
Representatives shall be the permanent law with respect
thereto.
consulting services
Sec. 204. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
under section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter
of public record and available for public inspection, except
where otherwise provided under existing law, or under existing
Executive order issued under existing law.
costs of lbfmc
Sec. 205. Amounts available for administrative expenses of
any legislative branch entity which participates in the
Legislative Branch Financial Managers Council (LBFMC)
established by charter on March 26, 1996, shall be available to
finance an appropriate share of LBFMC costs as determined by
the LBFMC, except that the total LBFMC costs to be shared among
all participating legislative branch entities (in such
allocations among the entities as the entities may determine)
may not exceed $2,000.
limitation on transfers
Sec. 206. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
guided tours of the capitol
Sec. 207. (a) Except as provided in subsection (b), none of
the funds made available to the Architect of the Capitol in
this Act may be used to eliminate or restrict guided tours of
the United States Capitol which are led by employees and
interns of offices of Members of Congress and other offices of
the House of Representatives and Senate, unless through
regulations as authorized by section 402(b)(8) of the Capitol
Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of
the Capitol Police Board, guided tours of the United States
Capitol which are led by employees and interns described in
subsection (a) may be suspended temporarily or otherwise
subject to restriction for security or related reasons to the
same extent as guided tours of the United States Capitol which
are led by the Architect of the Capitol.
limitation on telecommunications equipment procurement
Sec. 208. (a) None of the funds appropriated or otherwise
made available under this Act may be used to acquire
telecommunications equipment produced by Huawei Technologies
Company or ZTE Corporation for a high or moderate impact
information system, as defined for security categorization in
the National Institute of Standards and Technology's (NIST)
Federal Information Processing Standard Publication 199,
``Standards for Security Categorization of Federal Information
and Information Systems'' unless the agency, office, or other
entity acquiring the equipment or system has--
(1) reviewed the supply chain risk for the
information systems against criteria developed by NIST
to inform acquisition decisions for high or moderate
impact information systems within the Federal
Government;
(2) reviewed the supply chain risk from the
presumptive awardee against available and relevant
threat information provided by the Federal Bureau of
Investigation and other appropriate agencies; and
(3) in consultation with the Federal Bureau of
Investigation or other appropriate Federal entity,
conducted an assessment of any risk of cyber-espionage
or sabotage associated with the acquisition of such
telecommunications equipment for inclusion in a high or
moderate impact system, including any risk associated
with such system being produced, manufactured, or
assembled by one or more entities identified by the
United States Government as posing a cyber threat,
including but not limited to, those that may be owned,
directed, or subsidized by the People's Republic of
China, the Islamic Republic of Iran, the Democratic
People's Republic of Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made
available under this Act may be used to acquire a high or
moderate impact information system reviewed and assessed under
subsection (a) unless the head of the assessing entity
described in subsection (a) has--
(1) developed, in consultation with NIST and supply
chain risk management experts, a mitigation strategy
for any identified risks;
(2) determined, in consultation with NIST and the
Federal Bureau of Investigation, that the acquisition
of such telecommunications equipment for inclusion in a
high or moderate impact system is in the vital national
security interest of the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the
Senate in a manner that identifies the
telecommunications equipment for inclusion in a high or
moderate impact system intended for acquisition and a
detailed description of the mitigation strategies
identified in paragraph (1), provided that such report
may include a classified annex as necessary.
prohibition on certain operational expenses
Sec. 209. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities or
other official government activities.
plastic waste reduction
Sec. 210. All agencies and offices funded by this division
that contract with a food service provider or providers shall
confer and coordinate with such food service provider or
providers, in consultation with disability advocacy groups, to
eliminate or reduce plastic waste, including waste from plastic
straws, explore the use of biodegradable items, and increase
recycling and composting opportunities.
joint congressional committee on inaugural ceremonies of 2021
Sec. 211. There is hereby appropriated $2,000,000, for the
same purposes and under the same authorities and conditions as
amounts made available under the heading ``Joint Items--Joint
Congressional Committee on Inaugural Ceremonies of 2021'' in
division E of the Further Consolidated Appropriations Act, 2020
(Public Law 116-94).
capitol complex health and safety
Sec. 212. In addition to the amounts appropriated under this
Act under the heading ``Office of the Attending Physician'',
there is hereby appropriated to the Office of the Attending
Physician $5,000,000, to remain available until expended, for
response to COVID-19, including testing, subject to the same
terms and conditions as the amounts appropriated under such
heading.
government accountability office supplemental oversight
Sec. 213. For an additional amount for ``Salaries and
Expenses'', $10,000,000, to remain available until expended, to
prevent, prepare for, and respond to coronavirus, which shall
be for audits and investigations, as authorized by this title:
Provided, That not later than 90 days after the date of
enactment of this Act, the Government Accountability Office
shall submit to the Committees on Appropriations of the House
of Representatives and the Senate a spend plan specifying
funding estimates and a timeline for such audits and
investigations: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2021''.
[Clerk's note.--Reproduced below is the material relating
to division I contained in the Explanatory Statement regarding
H.R. 133, the Consolidated Appropriations Act, 2021.\1\]
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\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
December 21, 2020 by Mrs. Lowey of New York, Chairwoman of the House
Committee on Appropriations. The Statement appears on page H8712 of
Book IV.
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DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2021
The following is an explanation of the effects of Division
I, which makes appropriations for the legislative branch for
fiscal year 2021. The joint explanatory statement accompanying
this division is approved and indicates congressional intent.
Unless otherwise noted, the language set forth in House Report
116-447 carries the same weight as language included in this
joint explanatory statement and should be complied with unless
specifically addressed to the contrary in this joint
explanatory statement. While some language is repeated for
emphasis, this explanatory statement does not intend to negate
the language referred to above unless expressly provided.
Joint Audible Warning System: The Committees on
Appropriations of the House and the Senate (hereafter ``The
Committees'') recognize the importance of maintaining a secure
emergency communications system throughout the Capitol complex
in order to ensure the safety of the congressional community.
This agreement provides funding, as requested, for the
necessary infrastructure build-out and implementation of a new
Joint Audible Warning System (JAWS), which will replace the
legacy annunciator system. The Senate and House Sergeants at
Arms (SAA), U.S. Capitol Police (USCP), and the Architect of
the Capitol (AOC) will each play a role in building out the
JAWS platform, and the Committees expect these agencies to take
a unified approach to implementing this project. Furthermore,
the Committees direct all agencies involved to provide a joint
briefing to the Committees on execution of the JAWS project
within 30 days of enactment of this act and hold a subsequent
standing briefing every month thereafter for the duration of
this project.
Federal Law Enforcement: The agreement notes that the
explanatory statement accompanying the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2021 directs
the Attorney General to ensure implementation of evidence-based
training programs on de-escalation and the use-of-force, as
well as on police-community relations, that are broadly
applicable and scalable to all Federal law enforcement
agencies. The agreement further notes that several agencies
funded by this Act employ Federal law enforcement officers and
are Federal Law Enforcement Training Centers partner
organizations. The agreement directs such agencies to consult
with the Attorney General regarding the implementation of these
programs for their law enforcement officers. The agreement
further directs such agencies to brief the Committees on
Appropriations on their efforts relating to such implementation
no later than 90 days after consultation with the Attorney
General. In addition, the agreement directs such agencies, to
the extent that they are not already participating, to consult
with the Attorney General and the Director of the FBI regarding
participation in the National Use-of-Force Data Collection. The
agreement further directs such agencies to brief the Committees
on Appropriations, no later than 90 days after enactment of
this Act, on their current efforts to so participate.
Reprogramming Guidelines: It is expected that all agencies
notify the Committees of any significant departures from budget
plans presented to the Committees in any agency's budget
justifications. In particular, agencies funded through this
bill are required to notify the Committees prior to any
reprogramming of funds in excess of the lesser of 10 percent or
$750,000 between programs, projects or activities, or in excess
of $750,000 between object classifications (except for shifts
within the pay categories, object class 11, 12, and 13, or as
further specified in each agency's respective section). This
includes cumulative reprogrammings that together total at least
$750,000 from or to a particular program, activity, or object
classification as well as reprogramming full-time equivalents
(FTE) or funds to create new organizational entities within the
agency or to restructure entities that already exist. In
addition, the Committees must be notified of reprogramming
actions that involve less than the above-mentioned amounts if
such actions would have the effect of changing an agency's
funding requirements in future years or if programs or projects
specifically cited in the Committees' reports are affected.
Staffing Data in Budget Documents (FTE): House Report 116-
447 included direction to legislative branch agencies to
coordinate on a plan for aligning FTE levels for consistency in
reporting. The agreement further directs these agencies to
include in budget justifications a comparison of FTE based on
the number of FTE supported by the funding provided in the
current enacted appropriations legislation and the number of
FTE that would be supported by the funding requested for the
following fiscal year.
Advertising Contracts: House Report 116-447 directed each
department and agency to include certain information relating
to contractor diversity in its fiscal year 2022 budget
justifications, and this directive should be complied with in
future budget submissions as well.
Science and Technology Assistance for Congress: The
Committees have been concerned about Members' requirements to
have timely, expert information in order to adequately address
and legislate on the plethora of high-tech issues confronting
them. As further described in later sections of the statement,
the agreement provides additional funding for both the
Congressional Research Service (CRS) and the Government
Accountability Office (GAO) to hire additional staff for their
specialized teams working on science and technology issues.
Cybersecurity for the Legislative Branch: The U.S. Congress
and the legislative branch agencies are charged with combating
cyberattacks that could disrupt Congress' ability to perform
its constitutional duties. Accordingly, the legislative branch
entities must have the tools and resources necessary to defend
their networks against sophisticated adversaries. The
recommendation includes funding requested by legislative branch
agencies in fiscal year 2021 to strengthen cyber defenses.
Good Accounting Obligation in Government Act: The Good
Accounting Obligation in Government Act (Public Law 115-414)
requires that each Federal agency include an accounting of any
public recommendation by the (GAO) or the agency's Office of
Inspector General (OIG) that has not yet been implemented, and
the timeframe for implementation. The Committees expect that
each legislative branch agency in this bill include such a
report in its fiscal year 2022 congressional budget
justification.
Offices of Inspectors General Budgets: It is important to
ensure independence between legislative branch OIG and their
respective reporting agencies. There shall be a separate
section in each agency's fiscal year 2022 budget justification
reflecting a detailed budget request for the agency's OIG. Each
OIG is directed to keep the Committees fully apprised of its
funding needs. In addition, each agency is directed to avoid
interference with or require approval for such communications
between the OIG and the Committees.
Data Centers: The agreement carries forward and includes no
changes to the standing language regarding data centers
included in Division E of the Joint Explanatory Statement to
accompany the Further Consolidated Appropriations Act, 2020
(Public Law 116-94).
Screening Vestibules: The USCP and the AOC are directed to
provide an updated briefing to the Committees within 90 days of
enactment of this act on the feasibility of implementing
screening vestibules outside of the House and Senate office
buildings. The briefing should include detailed preliminary
cost estimates and additional studies needed for vestibule
construction. Additionally, the briefing should cover both
permanent and temporary options for construction.
TITLE I
SENATE
The agreement includes $998,560,720 for Senate operations.
This relates solely to the Senate and is in accordance with
long practice under which each body determines its own
housekeeping requirements and the other concurs without
intervention.
Office of the Secretary: The Senate Committee provides
these funds for salaries to the Secretary of the Senate without
apportionment in the interest of facilitating financial
management duties and restructuring that occurs from time to
time. The Committee expects to be notified, in writing, in a
timely manner, of any changes to the staffing levels,
distribution of staff, or related funding.
Office of the Sergeant at Arms and Doorkeeper: The
recommendation includes funding for salaries for the Office of
the Sergeant at Arms and Doorkeeper to enhance the IT help desk
experience in the Senate; continue implementation of a Unified
Communications system; and fully support the continued
initiative to expand the Senate's cybersecurity capabilities.
The Senate Committee expects to be updated regularly as the
Cybersecurity Department develops its strategic plan to
modernize and harden the Senate's cyber defense.
The Senate Committee provides these funds to the Senate SAA
without apportionment in the interest of facilitating financial
management duties and restructuring that occurs from time to
time. The Committee expects to be notified, in writing, in a
timely manner, of any changes to the staffing levels,
distribution of staff, or related funding.
Office Cybersecurity: The Senate Committee directs the SAA
to utilize funds provided for fiscal year 2021 to enable
personal and committee offices to utilize third-party
cybersecurity services to protect the privacy and integrity of
office networks; provide annual cybersecurity audits for all
Senate offices; provide enhanced cybersecurity training for
each Senate office; institute protections against insider
threats; and institute and operationalize enhanced privacy
protections within the Senate network.
Senators' Personal Cybersecurity and Cyber Care Awareness:
The Senate Committee recognizes that Senators are being
targeted for hacking and cyberattacks, especially via their
personal devices and accounts and with travel abroad. The SAA
shall, in coordination with this Committee, the Senate
Committee on Rules and Administration, and Senate majority and
minority leadership, continue working towards providing
voluntary cybersecurity support to any Senator seeking
assistance with their personal devices or accounts--including
exploring the options presented in the bipartisan Senators'
Personal Cybersecurity Working Group's report--under existing
ethics, rules, appropriations, statutes, and civil law,
including whether investments in additional IT hardware and
software, additional personnel, and additional guidelines are
needed. The SAA is also directed to work with members and staff
to increase training opportunities surrounding member and staff
travel abroad.
E-Signature Platform: The Senate Committee notes that the
SAA released an electronic signature system, called Quill, for
Senate personal offices and committees in May 2020, and that a
majority of Senate offices have already signed up for this
service. The Committee commends the SAA for its work on
creating the platform, and for the consideration given to a
broad range of Senate stakeholder interests and needs. The
Committee urges the SAA to continue the close working
relationship with Senate stakeholders, including the Quill
advisory group, as the platform is used more widely by offices.
The Committee directs the SAA to brief the Committee regularly
on the rollout and implementation of the platform.
Secretary of the Senate Contingent Expenses: The Senate
Committee provides funds for expenses to the Secretary of the
Senate without apportionment in the interest of facilitating
financial management duties and restructuring that occurs from
time to time. The Committee expects to be notified, in writing,
in a timely manner, of any cumulative changes in excess of 10
percent to the funding levels between programs, projects, or
activities.
Report on Archival Services: The Senate Committee notes the
importance of preserving the records of currently serving
Senators to ensure a full historical record of a Senator's
service. While Senators' official congressional papers are not
classified as ``Senate records'' and are not managed by the
Office of the Secretary, the Senate Archivist and Senate
Historical Office provide valuable guidance to Senators and
their offices on records management and preservation. The
Committee supports the Secretary's advisory role to Senators on
archiving and seeks to enhance the Secretary's capacity to
provide archiving services so that Senators' official papers
will be ready for historical preservation when a Senator leaves
office. The Secretary is directed to provide the Committee with
a report within 180 days of enactment of this act detailing
what current archiving services the Secretary provides to
Senators, how the Secretary communicates those services to
Senators, and ways in which the Secretary can further support
the archiving needs of Senators, particularly with regard to
digitizing paper records, and including partnering with public
institutions that are designated by Senators as the repository.
The Committee asks that the report present options and
recommendations on increasing the archiving capacity of the
Secretary (e.g. increased funding, additional personnel, etc.)
so that the Committee can make an informed decision on how to
provide additional archiving capability to the Office.
Study on Withholding Relevant Taxes: Within 180 days of
enactment of this act, the Disbursing Office should submit a
report to the Senate Committee regarding the Office's ability
to withhold relevant and appropriate taxes from Senate
paychecks to help Senate staff better manage and pay their
local taxes. The report should include a summary of existing
capabilities, the estimated cost of the change in policy, an
accounting of new tools and authorities required, and a list of
recommendations.
Sergeant at Arms and Doorkeeper of the Senate Contingent
Expenses: The Committee provides funds for expenses to the SAA
without apportionment in the interest of facilitating financial
management duties and restructuring that occurs from time to
time. The Committee expects to be notified, in writing, in a
timely manner, of any cumulative changes in excess of 10
percent to the funding levels between programs, projects or
activities.
Unified Communications: The Senate Committee recommendation
includes funding for the SAA to continue implementation of the
Unified Communication and Collaboration (UCC) system. The SAA
is directed to provide semi-annual updates to the Committee on
the development of the UCC system.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
0Senate Intern Compensation: The Senate Committee continues
to believe that Senate internships should be available to the
broadest possible pool of candidates who have the ability and
interest to serve. Unfortunately, unpaid internships exclude
those who cannot independently afford to work without pay,
hindering students' future career opportunities and making it
more difficult for Senators to attract and hire the most
qualified interns, regardless of socioeconomic status.
Providing interns financial compensation provides an avenue for
more students to have the opportunity to serve their country
and gain experience toward a career in public service. To date,
94 percent of Senators' offices expended funds provided in
fiscal year 2020 to compensate interns.
In addition to funding allocated in the table above for
Senators' office allowances and for agency contribution costs,
the bill includes $6,000,000 for the sole purpose of providing
financial compensation to interns. Any intern compensation
funding that remains unspent by any office will be returned to
the Treasury in accordance with section 101 of the bill. Such
funding is directed to be allocated among Senators' offices in
relative proportion to funds allocated for each office's
administrative and clerical assistance allowance for fiscal
year 2021 shown in the table above, which reflect natural
variables including State populations, with a small additional
amount for non-contiguous states. On average, each office will
be allocated an estimated $60,000 for intern compensation.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
0Training to ``Stop the Bleed'': Developed by the American
College of Surgeons (ACS), ``Stop the Bleed'' training is a
critical lifesaving technique that works to increase
survivability from mass shootings as well as other casualty
events. The training empowers first responders, as well as non-
professional individuals, with basic skills and techniques to
immediately control external bleeding until medical help
arrives. The Senate Committee supports the continued deployment
of ``Stop the Bleed'' training on the Capitol campus in order
to improve survival rates of mass shootings and other events
causing life-threatening external bleeding.
Coordinated by Senate Health Promotion and the ACS, ``Stop
the Bleed'' training is offered 4 times throughout each year,
with more than 250 Senate staff having received training since
August, 2018. Senators and their personal offices, committees,
and support offices should be aware that they may request and
schedule this training directly for their staffs through the
SAA. The Committee directs the SAA, in coordination with the
Office of the Attending Physician, as appropriate, to continue
incorporating ``Stop the Bleed'' training into the Senate's
training and development programming for both DC and State
offices, and to ensure that offices are aware this training is
available. The Committee expects the SAA to provide periodic
updates to the Committee, as needed, on the details of such
training, including planned frequency, trainer competencies,
and the number of staff trained.
ADMINISTRATIVE PROVISIONS
(INCLUDING RESCISSION OF FUNDS)
The agreement provides for unspent amounts remaining in the
Senators' Official Personnel and Office Expense Account to be
used for deficit or debt reduction; rescinds amounts from
unobligated balances in the Contingent Expenses of the Senate
account; extends the authority as provided in section 21(d) of
Senate Resolution 64 of the 113th Congress, as amended by
section 103 of division B of Public Law 115-244; makes a
technical change regarding Senate Democratic Leadership office
funding and authorities; and amends section 102 of Public Law
107-68.
HOUSE OF REPRESENTATIVES
The agreement includes $1,476,607,000 for House operations,
which includes a rescission of $4,212,976. This item relates
solely to the House and is in accordance with the long practice
under which each body determines its own housekeeping
requirements and the other concurs without intervention. The
language included in the House report should be complied with
and carry the same emphasis as the language included in the
explanatory statement, unless specifically addressed to the
contrary in this explanatory statement.
Wounded Warrior and Congressional Gold Star Family
Fellowship Program: The agreement includes $3,975,000 for the
Wounded Warrior Program and the Congressional Gold Star Family
Fellowship Program. The Congressional Gold Star Family
Fellowship Program was established on October 29, 2019, and is
cited as the SFC Sean Cooley and SPC Christopher Horton
Congressional Gold Star Family Fellowship Program Act (H. Res.
107).
In lieu of language included in the House report, the
agreement includes:
Under the heading ``Salaries, Officers and Employees'', the
amount provided is $260,781,000; the amount provided for Chief
Administrative Officer (CAO) is $177,200,000; under the heading
``Allowances and Expenses'', the amount provided is
$374,939,000; and the amount provided for Government
Contributions is $335,000,000.
Legislative Information Management System: With this major
investment for House operations, the Clerk is directed to
provide to the House Committee quarterly status updates
including project milestones and spending targets.
Office of Legislative Counsel (OLC): The House Committee is
concerned about the response time from OLC to Member offices.
OLC should respond to all Member drafting requests in a timely
manner.
ADMINISTRATIVE PROVISIONS
The agreement provides for unspent amounts remaining in the
Members' Representational Allowances (MRA) account to be used
for deficit or debt reduction; places a limitation on the
amount available to lease vehicles; limits the sharing of House
information by Federal entities; rescinds amounts in the
Stationery, Page Dorm, and Telecom revolving funds; increases
the lifetime limit in student loans; establishes a House of
Representatives Modernization Initiatives account; changes
Congressional Mailing Standards; and allows the MRA to
reimburse CAO for transition employees.
JOINT ITEMS
Cost of Living Adjustments: All support agencies, except
those disbursed by the Chief Administrative Officer of the
House of Representatives or the Secretary of the Senate, should
follow guidance provided by the Office of Personnel Management
regarding cost of living increases for fiscal year 2021. The
Offices and Joint Committees excepted in the previous sentence
should follow the guidance provided by the respective body
through which they are disbursed.
Joint Economic Committee
The agreement includes $4,203,000 for salaries and
expenses.
Joint Committee on Taxation
The agreement includes $11,905,000 for salaries and
expenses.
Office of the Attending Physician
The agreement includes $3,869,000.
Office of Congressional Accessibility Services
SALARIES AND EXPENSES
The agreement includes $1,536,000 for salaries and
expenses.
CAPITOL POLICE
SALARIES
The agreement includes $424,397,000 for salaries of the
United States Capitol Police (USCP). No more than $50,246,000
is recommended for overtime in fiscal year 2021.
The agreement reiterates directives included in the House
report related to:
Wellness Programs for Law Enforcement: The Committees
appreciate the efforts undertaken by the USCP to develop and
implement a holistic wellness and resiliency program for its
workforce, to include its partnership with the House Wellness
Center. The Committees recognize the importance that
mindfulness plays in having a first responder workforce that is
holistically balanced and resilient. The Committees are pleased
that the new USCP structure includes a dedicated FTE to this
program. Therefore, the Committees direct the USCP to continue
this effort and to continue to collaborate with the Department
of Homeland Security's Federal Law Enforcement Training Center
to expand this initiative through a pilot program so it may be
reviewed and considered for full implementation across all
aspects of Federal law enforcement.
Use of Grounds: The Committees understand the need to
maintain safety and order on the Capitol grounds and commend
the Capitol Police for their efforts. Given the family-style
neighborhood that the Capitol shares with the surrounding
community, the Committees continue to instruct the Capitol
Police to forebear enforcement of 2 U.S.C. 1963 (``An act to
protect the public property, turf, and grass of the Capitol
Grounds from injury'') and the Traffic Regulations for the
United States Capitol Grounds when encountering snow sled
riders on the grounds.
Motorized Micromobility Devices on Capitol Grounds: The
Committees expect both the USCP and the Senate and House SAA to
continue to follow the directives included in the joint
explanatory statement to accompany Division D of Public Law
116-94. The agreement notes that dockless commercial scooters,
or e-scooters, and other motorized devices for rent have grown
as a commuting option for congressional staffers, tourists, and
other visitors to the District of Columbia and Capitol Grounds.
However, there is concern that these options create public
safety concerns impacting vehicular and pedestrian traffic on
Capitol Grounds if not appropriately regulated.
USCP Office of Inspector General: The Committees include
funds to support no less than six FTE within the USCP OIG. The
Committees note that additional oversight of the USCP is
conducted by the GAO to supplement the work of the USCP OIG, as
needed, as well as the oversight of the USCP provided by the
Capitol Police Board, the Committees on Appropriations, the
Senate Committee on Rules and Administration, the Committee on
House Administration, and Senate and House Leadership Offices.
Diversity in the USCP: The goal of any police organization
should be to build a competent and well-qualified workforce
that includes people from diverse backgrounds. The Committee
believes that hiring more officers from underrepresented groups
in the U.S. should be among the critical priorities for the
USCP. Therefore, the Committee directs the USCP to provide a
report concurrent with the budget submissions that details: 1)
the number of activities to try to promote workforce diversity,
including partnering with organizations that focus on
developing opportunities for minorities and women; 2) the steps
taken to attract and retain a diverse workforce; and 3) a
breakout of USCP positions, sworn and civilian, by ethnicity,
gender, socio-economic background, and experience level.
Risk-Based Protections for Members of Congress: The
recommendation provides $2,000,000 for the Department to
provide Member security outside of the Capitol campus in the
National Capital Region (NCR), as warranted by risk-based
analyses. The Committees expect the USCP to continue working
closely with the House and Senate SAA and local law enforcement
partners in the NCR and educating Member Offices on the USCP
strategy for Members' protection within the NCR while outside
the U.S. Capitol Grounds, as laid out in the December 2018
report detailing the Department's plans to enhance off-campus
Member security in the NCR.
GENERAL EXPENSES
The agreement includes $91,144,000 for general expenses of
the Capitol Police.
USCP Office of Inspector General: The agreement provides
funding not less than $452,500 for expenses of the OIG.
USCP Information Sharing: The agreement encourages the
Department to develop a process for routinely sharing
information with the public about the activities and actions of
the USCP in conducting its mission. This process should be
consistent with, and not interfere with, USCP's primary mission
of protecting the Congress and the legislative process.
Training to ``Stop the Bleed'': The Capitol Police has
trained 99 percent of its sworn workforce in Tactical Combat
Casualty Care, also known as ``Stop the Bleed'' training. The
Committees direct the USCP to continue such efforts, utilizing
the ``Stop the Bleed'' methodology, to ensure that all officers
can respond to and administer basic bleeding control techniques
to individuals with trauma. The Committees direct the USCP to
provide periodic updates to the Committees detailing such
training plans for new recruits and current officers.
ADMINISTRATIVE PROVISION
The agreement amends 2 U.S.C. 1926(c), by increasing the
USCP employee educational assistance program reimbursement
limit from $60,000 to $80,000 for student loan repayments.
OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
SALARIES AND EXPENSES
The agreement includes $7,500,000 for salaries and
expenses, of which $1,000,000 shall remain available until
September 30, 2022.
CONGRESSIONAL BUDGET OFFICE
SALARIES AND EXPENSES
The agreement includes $57,292,000 for salaries and
expenses.
Responsiveness: The Committees continue to expect the
Congressional Budget Office (CBO) to ensure a high level of
responsiveness to committees, Leadership and Members, to the
greatest extent practicable under the priorities for CBO set by
law, especially when working on current pending legislation. As
an agency that prides itself as being nonpartisan, CBO should
be providing the same information to all stakeholders at the
appropriate time when addressing legislation that has been made
public. However, the Committees emphasize the importance of CBO
fulfilling its statutory duties and functions as prioritized
under the Congressional Budget Act of 1974, in particular
section 202.
Promoting Transparency: The CBO provides Congress with
budgetary and economic analysis that is important to the
legislative process and can have significant policy
implications. The Committees support CBO's current and planned
efforts for improving and promoting transparency of the
agency's modeling and cost estimate process. CBO should
continue with efforts on transparency that respect the
interests of Congress and maintain the agency's professional
independence. Further, the Committees direct CBO to provide the
Committees with an updated report within 90 days of enactment
of this act detailing the agency's ongoing future efforts to
implement the multi-year plan to increase its capacity to make
CBO's work as transparent and responsive as possible. This
should also review the agency's transparency efforts in 2020.
ARCHITECT OF THE CAPITOL
The agreement includes $675,073,280 for the activities of
the Architect of the Capitol (AOC).
AOC Office of Inspector General: The agreement includes
$4,348,000 to support no fewer than 16 FTE within the AOC OIG
during fiscal year 2021. The Committees reiterate their strong
support of the AOC OIG and its independence from the AOC
leadership, but encourage the Office to rigorously track its
monthly expenditures to ensure it does not exceed the funding
identified for it.
Capital Construction and Operations
The agreement includes $127,462,000 for Capital
Construction and Operations, of which $1,500,000 shall remain
available until September 30, 2025.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $125,962,000
Project Budget:
Campus-Wide Lighting Assessment.................... 1,500,000
------------------
Total, Capital Construction and Operations....... 127,462,000
------------------------------------------------------------------------
AOC Response to Sexual Harassment Complaints: The
Committees direct the AOC to provide regular briefings on its
efforts to prevent instances of harassment and to improve the
handling of such complaints, as provided in the March 15, 2020,
AOC OIG review of the AOC's response to sexual harassment
complaints. The Committees expect the AOC to continue to brief
the Committees on the status of implementation for each
recommendation listed in the AOC OIG's report, pursuant to the
parameters included in Senate Report 116-124.
Capitol Building
The agreement includes $34,719,000, for maintenance, care,
and operation of the Capitol Building, of which $6,099,000
shall remain available until September 30, 2025.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $28,620,000
Project Budget:
Conservation of Fine and Architectural Art......... 599,000
Minor Construction................................. 5,500,000
------------------
6,099,000
Total, Capitol Building.......................... $34,719,000
------------------------------------------------------------------------
Miscellaneous Improvements Notifications: The AOC's efforts
are appreciated to document and notify the Committees of
``Miscellaneous Improvements'' projects, which are completed
projects that cost less than $5,000 for labor and materials.
The AOC is directed to continue to provide quarterly reports on
Miscellaneous Improvements projects, including a description
and cost of each project and the status of total funding set
aside for this purpose.
Capitol Grounds
The agreement includes $20,560,000 for the care and
improvements of the grounds surrounding the Capitol, House and
Senate office buildings, and the Capitol Power Plant, of which
$7,800,000 shall remain available until September 30, 2025.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $12,245,000
Project Budget:
Gardeners FTE Increase............................. 515,000
AOC Campus-Wide Utility Survey..................... 4,800,000
Minor Construction................................. 3,000,000
------------------
8,315,000
Total, Capitol Grounds........................... $20,560,000
------------------------------------------------------------------------
Bicycle Access: The Committees encourage the AOC, the
Senate SAA, and the USCP, in accordance with all applicable
laws and regulations, to work in a timely manner with the
District of Columbia Department of Transportation to pursue
cost-effective options for providing a protected bike lane to
safely connect residents, commuters, and tourists to the U.S.
Capitol, Union Station, and the National Mall.
Stopping the Spread of Infectious Diseases: The Committees
direct the AOC to brief the Committees on the costs associated
with a study on the feasibility of necessary upgrades within
the Capitol Complex facilities, including doors and elevators,
to reduce the number of surfaces that are touched by staff and
visitors with the goal of reducing the spread of infectious
diseases. The AOC shall brief the Committees within 45 days of
enactment of this act, and the AOC is encouraged to submit as
part of its fiscal year 2022 budget request a funding request
for a full feasibility study on this matter.
Senate Office Buildings
The agreement includes $89,615,280 for the maintenance,
care, and operation of the Senate Office Buildings, of which
$22,200,000 shall remain available until September 30, 2025.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $67,415,280
Project Budget:
Fire Alarm System Replacement...................... 13,100,000
Building Infrastructure Upgrades, RSOB............. 3,100,000
Minor Construction................................. 6,000,000
(Child Care Center Pre-design)................... (1,000,000)
------------------
22,200,000
Total Senate Office Buildings.................... $89,615,280
------------------------------------------------------------------------
Senate Child Care Facility Assessment: Because the physical
capacity of the Senate Employee Child Care Center (SECCC) is
extremely limited relative to the number of Senate employees,
the
Senate Committee previously directed the AOC to identify
and evaluate potential options for expanding the physical
capacity of the SECCC. The AOC submitted the requested study in
April 2020, and the evaluation includes several potential
options for expanding the SECCC capacity. The Senate Committee
continues reviewing the study and working with stakeholders to
determine a path forward. To facilitate a decision on the
potential options included in the report, the Senate Committee
directs the AOC to hold a briefing on the four options, and the
timelines and costs for each, for the Chair and Ranking Member
of the Senate Appropriations Subcommittee on the Legislative
Branch and the Chair and Ranking Member of the Senate Committee
on Rules and Administration. The Senate Committee further
directs the AOC to then hold a subsequent meeting of the same
Senate stakeholders, again including the Chairs and Ranking
Members, 60 days after the initial briefing for a discussion of
the options and which option the stakeholders may prefer. The
purpose of the second briefing is for the stakeholders to come
to a suitable and prompt decision and move the project forward
to the pre-design activities phase, and in order for the AOC to
include the project funding in future budget requests. The
Senate Committee notes the importance of facility expansion and
encourages all stakeholders to reach a decision on a path
forward before the end of fiscal year 2021.
In anticipation of a potential decision on one of the
options presented in the study, the Senate Committee wants to
ensure that the AOC has the initial resources to move promptly
and ensure a successful design effort. Therefore, the Committee
provides $1,000,000 within Senate Office Buildings Minor
Construction to be used for pre-design activities if the
selection of a preferred option from the study is finalized.
Such pre-design activities would include developing a site-
specific program of requirements, an acquisition plan, and an
independent government estimate.
Senate and Capitol Food Services: The Senate Committee
continues the directive contained in Senate Report 116-124.
Further, the Committee encourages the AOC, in consultation with
the Senate Committees on Appropriations and Rules and
Administration, to also evaluate in the master plan the
permitting of outside food and beverage vendors to cater
events, receptions, and other occasions that occur inside
Senate facilities (provided such vendors satisfy Senate
requirements pertaining to proof of insurance, cleaning, and
other accommodations as necessary) and how outside catering
would impact on-campus food service providers.
Composting Program: The AOC program to collect and process
post-consumer compostables generated in Senate offices ended in
2016. Since that time, the Senate composting program has
focused exclusively on diverting kitchen-generated food waste.
Within 90 days of enactment of this act, the AOC shall report
to the Senate Committees on Appropriations and Rules and
Administration regarding the necessary resources and
authorities required to restart a post-consumer composting
program in Senate offices, including the benefit to the Senate
of such a program.
House Office Buildings
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $138,780,000 for the care and
maintenance of the House Office Buildings, of which $14,540,000
shall remain available until September 30, 2025, and
$62,000,000 shall remain available until expended for the
restoration and renovation of the Cannon House Office Building.
Of the amount made available, $9,000,000 shall be derived by
transfer from the House Office Building Fund.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $53,240,000
Project Budget:
CAO Project Support................................ 7,540,000
Minor Construction................................. 7,000,000
Cannon Building Restoration........................ 62,000,000
Transfer from the House Office Building Fund....... 9,000,000
------------------
85,540,000
Total House Office Buildings..................... $138,780,000
------------------------------------------------------------------------
Recognition of Increasing Numbers of Women in Congress: The
116th Congress celebrates the highest number of female Members
of Congress ever to serve in the body. The work of the
Architect, the House Curator, and the Capitol Historical
Society to increase images of women in public spaces in
Congress is supported and commended. To further increase female
representation, the House Curator is requested to create a list
of 10 notable female historic figures not already displayed as
a Capitol statue who have made remarkable contributions to
society, as well as 10 former or current female members of
Congress who have set trailblazing records. The House Curator
is also directed, in collaboration with the AOC, to provide a
report identifying areas within House-controlled facilities and
spaces where there is space for new portraits of distinguished
female members to be displayed.
Single-Stall Bathrooms: As indicated in the House report,
there is concern about the lack of availability of public
single-stall bathrooms in House office buildings. The Architect
is requested to submit a report within 90 days of enactment of
this act detailing the number of these bathrooms in each House
office building. The Architect is also encouraged to consider
how to incorporate single-stall bathrooms in appropriate future
construction and remodeling projects for House office
buildings.
Capitol Power Plant
In addition to the $10,000,000 made available from receipts
credited as reimbursements to this appropriation, the agreement
includes $97,761,000 for maintenance, care and operation of the
Capitol Power Plant, of which $13,700,000 shall remain
available until September 30, 2025.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $84,061,000
Project Budget:
Piping Replacement and Egress Improvements, RPR, $9,700,000
Phase V, WRP......................................
Minor Construction................................. 4,000,000
------------------
13,700,000
Total, Capitol Power Plant....................... $97,761,000
Offsetting Collections........................... 10,000,000
------------------------------------------------------------------------
Library Buildings and Grounds
The agreement includes $83,446,000 for Library of Congress
Buildings and Grounds, of which $51,600,000 shall remain
available until September 30, 2025.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $31,846,000
Project Budget:
Collection Storage Module 7, Ft. Meade............. 41,500,000
Rain Leader Replacement, JAB....................... 2,100,000
Exterior Masonry and Envelope Repairs, JAB......... 2,000,000
West Main Pavilion, Exit Stair G, TJB.............. 2,000,000
Minor Construction................................. 4,000,000
------------------
................................................. 51,600,000
Total, Library Buildings and Grounds............. $83,446,000
------------------------------------------------------------------------
Capitol Police Buildings, Grounds and Security
The agreement includes $45,993,000 for Capitol Police
Buildings, Grounds and Security, of which $15,700,000 shall
remain available until September 30, 2025, and of which
$2,500,000 shall remain available until expended for the Joint
Audible Warning System.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $27,793,000
Project Budget:
Barrier Lifecycle and Security Kiosk Repairs and 8,300,000
Rplcmt, Phase IV, OSP.............................
Resiliency Upgrades, OSP........................... 2,400,000
Minor Construction................................. 5,000,000
Joint Audible Warning System (JAWS)................ 2,500,000
------------------
................................................. 18,200,000
Total, Capitol Police Buildings, Grounds and $45,993,000
Security........................................
------------------------------------------------------------------------
Botanic Garden
The agreement includes $20,986,000 for the U.S. Botanic
Garden (USBG), of which $8,300,000 shall remain available until
September 30, 2025.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $12,257,000
Project Budget:
FTE Increase for BFG Mission Support............... 429,000
Production Facility Renewal, BGDC.................. 4,300,000
Minor Construction................................. 4,000,000
------------------
................................................. 8,729,000
Total, Botanic Garden............................ $20,986,000
------------------------------------------------------------------------
Collaboration with the United States Department of
Agriculture: As indicated in the House report, the USBG is
encouraged to collaborate with USDA to support the USBG's
efforts to host and serve as an educational and training
location for local and national audiences, and to explore
reviving the Victory Gardens concept for community agriculture
programming.
Capitol Visitor Center
The agreement includes $24,751,000 for the Capitol Visitor
Center.
ADMINISTRATIVE PROVISION
The agreement prohibits payments of bonuses to contractors
behind schedule or over budget.
Construction Reimbursement Fund: The Committees appreciate
the Architect's proposal to create a construction reimbursement
fund, similar to working capital funds that other agencies use,
for its potential to simplify accounting, increase
efficiencies, and potentially create budget savings. However,
the intricacies of scorekeeping and the need to engage both
authorizing and appropriations committees in its development
have prevented its inclusion in this agreement. The AOC is
encouraged to submit this proposal in its fiscal year 2022
budget proposal and prepare to thoroughly brief all relevant
parties for their consideration.
LIBRARY OF CONGRESS
SALARIES AND EXPENSES
The agreement includes $523,654,000 in direct
appropriations for the Library of Congress (the Library)
salaries and expenses. In addition, collections that may be
credited to this appropriation shall remain available until
expended. This amount includes the following to remain
available until expended: $3,720,000 for the Veterans History
Project, $9,424,000 for the Teaching with Primary Sources
program, $250,000 for the Surplus Books Program, $1,384,000 for
the upgrade of the Legislative Branch Financial Management
System, and $10,000,000 for the Visitor Experience Initiative.
In addition, $4,370,000 shall remain available until September
30, 2025, to complete the second of three phases of the
shelving replacement in the Law Library's collection storage
area. Finally, $2,500,000 shall remain available until
September 30, 2022, for the phase-out and retirement of the de-
acidification preservation program.
Office of Inspector General: The agreement includes not
less than $4,203,000 for the Library's OIG, to support no fewer
than 14 FTE.
The following initiatives that were requested by the
Library are included in the agreement: cybersecurity
enhancements and eAcquisition and contract management.
Visitor Experience Initiative: The agreement provides an
additional $10,000,000 for the Visitor Experience Initiative,
which is the third appropriation of $10,000,000 for the
project. This funding is available until expended and is
available only upon approval of the Committees. In addition to
the information provided in the annual budget justification,
the Library is directed to provide quarterly updates to the
Committees on the project's design, cost estimates, obligations
incurred by fiscal year source, and anticipated construction
and implementation timelines. Cost estimates should be
validated by both the Librarian and the Architect of the
Capitol. These updates should also include reports on the
Library's progress on fundraising initiatives for private
funding, including both donations in-hand and verbal
commitments.
Preservation of the Collection: The agreement provides the
requested level for the Library collection's preservation
program. Of the funding provided, $2,500,000 shall remain
available until September 30, 2022, to phase out and retire the
mass de-acidification program. The remainder of the Library
preservation program shall be conducted as described in the
fiscal year 2021 budget request. The Committees do not intend
to fund the de-acidification activity in future years. The
Committees intend that the Librarian will choose which items
should be de-acidified with the $2,500,000 provided. Within 30
days of enactment of this act, the Library is directed to brief
the Committees on how the Library will select items for de-
acidification and complete such work.
National Film and Sound Recording Preservation Programs:
The Committees recognize the important work of the National
Film Preservation Program and the National Sound Recording
Preservation Program, including the federally chartered
National Film and National Recording Preservation Foundations.
Given that these programs were reauthorized under the Library
of Congress Sound Recording and Film Preservation Programs
Reauthorization Act of 2016 (Public Law 114-217), the
Committees expect that the Library will continue to support
them.
Women's Suffrage Anniversary: With an historic number of
women serving in the U.S. House of Representatives and the U.S.
Senate, the 100-year anniversary of women achieving the right
to vote in the U.S. aligns perfectly with the diverse
composition of the 116th Congress. Congress recognizes the
significance of the centennial of the passage and ratification
of the 19th Amendment to the Constitution. The Library is
encouraged to continue to raise awareness of this anniversary
through displays, exhibits, and commemorative documents, such
as pamphlets and flyers.
IT Modernization: The Library is encouraged to continue to
invest in IT modernization at the Library, including updating
outdated infrastructure, supporting migration to a Tier III
data center, and improving the security of the networks. The
Library is directed to regularly brief the Committees on these
efforts.
Meeting of Frontiers: The Committees continue to direct the
Library to: accession all materials collected from Russian and
American repositories or to provide links to partner
institutions' collections; ensure all existing English-language
translations of explanatory text, supplemental information, and
links that allow visitors to the site to fully understand the
documents are migrated to the new platform; include on the new
site, after additional consultation with Alaskan stakeholders,
additional links to repositories of Alaskan and Russian-
American materials held in Alaska and throughout the United
States; engage in meaningful consultation with American Arctic
scholars, librarians, archivists, teachers, and other
stakeholders regarding the content and usefulness of the
Meeting of Frontiers collection on the new platform; maintain
the original Meeting of Frontiers website; and submit, no later
than February 2, 2021, a report on the additional progress made
to accomplish these directives.
Overseas Offices: The Library's 6 overseas offices work
with more than 75 African, Asian, Middle Eastern, and South
American countries to acquire, catalog, and preserve
publications from countries with inadequate acquisition
methods. The Committee continues to support this important
work.
Copyright Office
SALARIES AND EXPENSES
The agreement includes $48,634,000 in direct appropriations
to the Copyright Office. An additional $41,782,000 is made
available from receipts for salaries and expenses and
$3,000,000 is available from prior year unobligated balances,
for a total of $93,416,000.
The following initiatives that were requested by the
Library are included in the agreement: Copyright Fee
Realignment; Copyright Royalty Judges Staffing; and Music
Modernization Act (MMA) Staffing.
Copyright Office Staffing: The Committees expect the
Copyright Office to brief the Committees on its hiring efforts
to implement the MMA within 90 days of enactment of this act.
Information Technology Modernization: The agreement
continues funding for the Copyright Office modernization effort
in order to effectively serve users and copyright owners in the
21st century. The collaboration between the Copyright Office
and the Library's Office of Chief Information Officer is
commended and the two are directed to continue to work together
to achieve efficiencies in shared services, while allowing for
mission-specific modernization to be the responsibility of the
Copyright Office. The Copyright Office is directed to provide a
detailed spending plan for the IT modernization efforts funded
in fiscal year 2021.
Congressional Research Service
SALARIES AND EXPENSES
The agreement includes $125,495,000 for salaries and
expenses, for the Congressional Research Service (CRS).
Science & Technology Research Capacity: CRS's efforts to
increase the depth and breadth of its capacity to provide
research and policy analysis on current and emerging
legislative issues related to science and technology (S&T) and
Federal uses and oversight of S&T are important to Congress.
CRS is encouraged to continue developing this capacity, as
recommended in the National Academy of Public Administration
study directed in conference report H.R. 115-929. This added
expertise will allow CRS to meet the growing need of Congress
for timely, complex, and multidisciplinary analysis of policy
issues related to these rapidly changing technologies, the
effects of Federal Government in oversight of such
technologies, and the effects of the Federal government S&T
policies across all sectors. CRS is also encouraged to increase
outreach efforts to make Members and congressional staff more
aware of the resources it provides related to S&T issues
Congress is examining.
Continuing Education for Congressional Staff: The
Committees remain interested in the concept of a more rigorous
and extensive educational program for staff. House Report 116-
447 requested CRS to provide a report within 120 days of
enactment of this act that develops a design concept for a 1-
year pilot continuing education Congressional law program for
senior Congressional staff. The report should include
recommendations on the appropriate number of participants, the
composition of the group and selection process, the projected
costs of such a pilot, and possible funding sources.
Access to CRS Materials: In House Report 116-447, CRS was
requested to provide reports to the Committees on the
feasibility of making publicly available CRS reports that are
contained in its CRSX archive and of providing all currently
available non-confidential CRS reports in HTML format. Access
to such reports in HTML format rather than PDF would be
particularly useful to the physically disadvantaged community.
The agreement modifies the House requirement for reports to
instead require briefings to the Committees.
National Library Service for the Blind and Print Disabled
SALARIES AND EXPENSES
The agreement includes $59,563,000 for salaries and
expenses for the National Library Service for the Blind and
Print Disabled.
The agreement includes $2,375,000 for the Braille eReader
and Talking Book Machine Initiative and $5,000,000 for the
Braille and Audio Reading Download (BARD) Infrastructure
Modernization Program.
ADMINISTRATIVE PROVISION
The agreement includes a provision regarding reimbursable
and revolving funds.
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $78,000,000 for authorized
publishing, printing and binding for the Congress.
Public Information Programs of the Superintendent of Documents
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $32,300,000. Bill language is
included to identify that funding may be used to produce and
disseminate Congressional serial sets for the preceding two
fiscal years.
Government Publishing Office Business Operations Revolving Fund
The agreement includes $6,700,000, to remain available
until expended.
GOVERNMENT ACCOUNTABILITY OFFICE
SALARIES AND EXPENSES
The agreement includes $661,139,000 in direct
appropriations for salaries and expenses of the Government
Accountability Office. In addition, $31,342,000 is available
from offsetting collections, for a total of $692,481,000.
Within the funding provided, it is intended that GAO increase
the size of its science and technology assessment staff.
Within the total, no less than $2,438,000 is provided for
the GAO Office of Inspector General to support no less than 11
FTE.
GAO Science, Technology, Assessment, and Analytics Team: In
fiscal year 2019, GAO was directed to provide a comprehensive
plan to reconfigure its science and technology function to
better address the evolving and time-sensitive needs of
Congress, and in January 2019, GAO established a Science,
Technology Assessment, and Analytics [STAA] team. In
consultation with internal and external stakeholders, academic
and nonprofit organizations, and Members of Congress, the STAA
team submitted its plan for staffing needs, resources, areas of
expertise, and the products and services that the team will
provide or is currently providing to Congress. The plan
demonstrates STAA's value and ability to assess upcoming
technological and digital innovations. Presently, the STAA is
providing Congress with technology assessments, technical
assistance, and reports in the areas of oversight of Federal
technology and science programs, as well as best practices in
engineering sciences and cybersecurity. GAO's efforts on the
STAA team are applauded and STAA is encouraged to continue
providing Congress with unbiased explanatory data while also
exploring new areas for independent science and technology
guidance that are relevant to Congress. To better evaluate the
STAA's relationship to Congress since it was established, GAO
is directed to submit a report to the Committees within 180
days of enactment of this act with an analysis of STAA's
protocols and abilities to address requests from Congress with
respect to technology assessments, including any
recommendations for improvement.
Appropriations and Budget Law: As stated in House Report
116-447, there is concern that the GAO Budget Appropriations
Group (the Group) is not always prompt with formal legal
opinions, informal legal advice and its responsibilities under
the Impoundment Control Act. As noted in the report
accompanying P.L. 116-94, the number of requests to the Group
has increased dramatically over the last five years,
demonstrating how GAO's analyses are vital to the Committees'
work. While GAO has taken administrative steps to increase the
future efficiency of the Group, the agency is encouraged to
consider whether its resources are optimally allocated between
its operational teams to adequately support its important
appropriations law functions and to provide more timely
responses.
Duplicative Government Programs: Since passage of Public
Law 111-139, GAO has been mandated to produce a report to
Congress identifying duplicative programs throughout the
Federal Government. Since 2011, GAO has presented 805 actions
in more than 300 areas for Congress or executive branch
agencies to reduce, eliminate, or better manage fragmentation,
overlap or duplication. As of March 2019, Congress and the
executive branch have addressed or partially addressed 621 of
those actions resulting in roughly $216,000,000,000 in
financial benefits. GAO is directed to continue to issue these
reports as a way for Congress and the executive branch to
address duplicative programs.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
The agreement includes $6,000,000 for the Open World
Leadership Center (OWLC).
Agency Name Change: The Committees recognize that the Open
World Leadership Center Board of Trustees agreed to propose
changing the name of the Center during its meeting in August of
2020. The Committees are supportive of the selection and
respect the decision of the Board. Furthermore, the Committees
ask that the proposal for changing the name, including any
necessary legislative language, be formally submitted in the
agency's fiscal year 2022 budget request in order to include
the name change in the fiscal year 2022 appropriations act.
Grant Writer: The agreement maintains the additional
$100,000 above the request provided in House Report 116-447 for
OWLC to hire a grant writer to help secure additional funds for
its mission.
Reverse Exchange Program Proposal: The Committees are aware
that the Open World Leadership Center Board of Trustees
considered and agreed to a proposal on creating a reverse
exchange program, including a specific request regarding an
Australia program proposal. The Committees look forward to
staying informed as further developments are made on this
proposal.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
The agreement includes $430,000 for the Stennis Center for
Public Service Training and Development.
TITLE II--GENERAL PROVISIONS
The agreement continues provisions related to maintenance
and care of private vehicles; fiscal year limitations; rates of
compensation and designation; consulting services; costs of the
LBFMC; limitation on transfers; guided tours of the Capitol;
limitation on telecommunications equipment procurement;
prohibition on certain operational expenses; plastic waste
reduction; funding for the 2021 inaugural ceremonies; funding
for COVID-19 response for the Capitol complex; and funding for
GAO oversight of COVID-19 funding.
Joint Congressional Committee on Inaugural Ceremonies of
2021: The agreement includes $2,000,000 for the Joint
Congressional Committee on Inaugural Ceremonies of 2021
(JCCIC). Within 90 days after January 20th, 2021, the Committee
directs the JCCIC to provide the Committees with a report
detailing its total expenses for the 2021 inaugural,
identifying, where possible, unanticipated cost increases,
anticipated wrap up costs, and projected unexpended balances,
if any.
COVID-19 Response for the Capitol Complex: The agreement
includes $5,000,000 for the Office of the Attending Physician
for the response to COVID-19, including testing, in the Capitol
Complex. Within 90 days of the end of fiscal year 2021, the
Committee directs the OAP to report to the Committees detailing
its total expenditures in response to COVID-19 for the Capitol
Complex.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2021
(H.R. 133; P.L. 116-260)
DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2021
=======================================================================
DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2021
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Army as currently
authorized by law, including personnel in the Army Corps of
Engineers and other personal services necessary for the
purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $628,900,000, to remain available until
September 30, 2025: Provided, That, of this amount, not to
exceed $147,000,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of the Army
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons
therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations,
facilities, and real property for the Navy and Marine Corps as
currently authorized by law, including personnel in the Naval
Facilities Engineering Command and other personal services
necessary for the purposes of this appropriation,
$1,716,144,000, to remain available until September 30, 2025:
Provided, That, of this amount, not to exceed $261,710,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination
and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently
authorized by law, $616,156,000, to remain available until
September 30, 2025: Provided, That, of this amount, not to
exceed $212,556,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by
law, unless the Secretary of the Air Force determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities,
and real property for activities and agencies of the Department
of Defense (other than the military departments), as currently
authorized by law, $2,041,909,000, to remain available until
September 30, 2025: Provided, That such amounts of this
appropriation as may be determined by the Secretary of Defense
may be transferred to such appropriations of the Department of
Defense available for military construction or family housing
as the Secretary may designate, to be merged with and to be
available for the same purposes, and for the same time period,
as the appropriation or fund to which transferred: Provided
further, That, of the amount, not to exceed $162,076,000 shall
be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary
of Defense determines that additional obligations are necessary
for such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the reasons
therefor.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of
the Army National Guard, and contributions therefor, as
authorized by chapter 1803 of title 10, United States Code, and
Military Construction Authorization Acts, $349,437,000, to
remain available until September 30, 2025: Provided, That, of
the amount, not to exceed $44,593,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Director of the Army National
Guard determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of
the Air National Guard, and contributions therefor, as
authorized by chapter 1803 of title 10, United States Code, and
Military Construction Authorization Acts, $64,214,000, to
remain available until September 30, 2025: Provided, That, of
the amount, not to exceed $3,414,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Director of the Air National
Guard determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of
the Army Reserve as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authorization
Acts, $88,337,000, to remain available until September 30,
2025: Provided, That, of the amount, not to exceed $1,218,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the Chief
of the Army Reserve determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination
and the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of
the reserve components of the Navy and Marine Corps as
authorized by chapter 1803 of title 10, United States Code, and
Military Construction Authorization Acts, $70,995,000, to
remain available until September 30, 2025: Provided, That, of
the amount, not to exceed $3,485,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Secretary of the Navy
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons
therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of
the Air Force Reserve as authorized by chapter 1803 of title
10, United States Code, and Military Construction Authorization
Acts, $23,117,000, to remain available until September 30,
2025: Provided, That, of the amount, not to exceed $3,270,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the Chief
of the Air Force Reserve determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination
and the reasons therefor.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the
acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $173,030,000, to remain available until
expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure
Account, established by section 2906(a) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$480,447,000, to remain available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $119,400,000,
to remain available until September 30, 2025.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $352,342,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps
for construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$42,897,000, to remain available until September 30, 2025.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps
for operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $346,493,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$97,214,000, to remain available until September 30, 2025.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $317,021,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the military
departments) for operation and maintenance, leasing, and minor
construction, as authorized by law, $54,728,000.
Department of Defense
Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement
Fund, $5,897,000, to remain available until expended, for
family housing initiatives undertaken pursuant to section 2883
of title 10, United States Code, providing alternative means of
acquiring and improving military family housing and supporting
facilities.
Department of Defense
Military Unaccompanied Housing Improvement Fund
For the Department of Defense Military Unaccompanied Housing
Improvement Fund, $600,000, to remain available until expended,
for unaccompanied housing initiatives undertaken pursuant to
section 2883 of title 10, United States Code, providing
alternative means of acquiring and improving military
unaccompanied housing and supporting facilities.
Administrative Provisions
Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed $25,000,
to be performed within the United States, except Alaska,
without the specific approval in writing of the Secretary of
Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.
Sec. 103. Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized therein
are certified as important to the national defense by the
Secretary of Defense.
Sec. 104. None of the funds made available in this title may
be used to begin construction of new bases in the United States
for which specific appropriations have not been made.
Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in excess
of 100 percent of the value as determined by the Army Corps of
Engineers or the Naval Facilities Engineering Command, except:
(1) where there is a determination of value by a Federal court;
(2) purchases negotiated by the Attorney General or the
designee of the Attorney General; (3) where the estimated value
is less than $25,000; or (4) as otherwise determined by the
Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in
annual Acts making appropriations for military construction.
Sec. 107. None of the funds made available in this title for
minor construction may be used to transfer or relocate any
activity from one base or installation to another, without
prior notification to the Committees on Appropriations of both
Houses of Congress.
Sec. 108. None of the funds made available in this title may
be used for the procurement of steel for any construction
project or activity for which American steel producers,
fabricators, and manufacturers have been denied the opportunity
to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during the
current fiscal year may be used to pay real property taxes in
any foreign nation.
Sec. 110. None of the funds made available in this title may
be used to initiate a new installation overseas without prior
notification to the Committees on Appropriations of both Houses
of Congress.
Sec. 111. None of the funds made available in this title may
be obligated for architect and engineer contracts estimated by
the Government to exceed $500,000 for projects to be
accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Gulf, unless such contracts are awarded to United
States firms or United States firms in joint venture with host
nation firms.
Sec. 112. None of the funds made available in this title for
military construction in the United States territories and
possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Gulf, may be used to award any
contract estimated by the Government to exceed $1,000,000 to a
foreign contractor: Provided, That this section shall not be
applicable to contract awards for which the lowest responsive
and responsible bid of a United States contractor exceeds the
lowest responsive and responsible bid of a foreign contractor
by greater than 20 percent: Provided further, That this
section shall not apply to contract awards for military
construction on Kwajalein Atoll for which the lowest responsive
and responsible bid is submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of plans and scope of any
proposed military exercise involving United States personnel 30
days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated to
exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized for each such military department by
the authorizations enacted into law during the current session
of Congress.
Sec. 115. For military construction or family housing
projects that are being completed with funds otherwise expired
or lapsed for obligation, expired or lapsed funds may be used
to pay the cost of associated supervision, inspection,
overhead, engineering and design on those projects and on
subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any
funds made available to a military department or defense agency
for the construction of military projects may be obligated for
a military construction project or contract, or for any portion
of such a project or contract, at any time before the end of
the fourth fiscal year after the fiscal year for which funds
for such project were made available, if the funds obligated
for such project: (1) are obligated from funds available for
military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which
the cost of such project is increased pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14 days
for a notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress, such
additional amounts as may be determined by the Secretary of
Defense may be transferred to: (1) the Department of Defense
Family Housing Improvement Fund from amounts appropriated for
construction in ``Family Housing'' accounts, to be merged with
and to be available for the same purposes and for the same
period of time as amounts appropriated directly to the Fund; or
(2) the Department of Defense Military Unaccompanied Housing
Improvement Fund from amounts appropriated for construction of
military unaccompanied housing in ``Military Construction''
accounts, to be merged with and to be available for the same
purposes and for the same period of time as amounts
appropriated directly to the Fund: Provided, That
appropriations made available to the Funds shall be available
to cover the costs, as defined in section 502(5) of the
Congressional Budget Act of 1974, of direct loans or loan
guarantees issued by the Department of Defense pursuant to the
provisions of subchapter IV of chapter 169 of title 10, United
States Code, pertaining to alternative means of acquiring and
improving military family housing, military unaccompanied
housing, and supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority
available to the Department of Defense, amounts may be
transferred from the Department of Defense Base Closure Account
to the fund established by section 1013(d) of the Demonstration
Cities and Metropolitan Development Act of 1966 (42 U.S.C.
3374) to pay for expenses associated with the Homeowners
Assistance Program incurred under 42 U.S.C. 3374(a)(1)(A). Any
amounts transferred shall be merged with and be available for
the same purposes and for the same time period as the fund to
which transferred.
Sec. 119. Notwithstanding any other provision of law, funds
made available in this title for operation and maintenance of
family housing shall be the exclusive source of funds for
repair and maintenance of all family housing units, including
general or flag officer quarters: Provided, That not more than
$35,000 per unit may be spent annually for the maintenance and
repair of any general or flag officer quarters without 30 days
prior notification, or 14 days for a notification provided in
an electronic medium pursuant to sections 480 and 2883 of title
10, United States Code, to the Committees on Appropriations of
both Houses of Congress, except that an after-the-fact
notification shall be submitted if the limitation is exceeded
solely due to costs associated with environmental remediation
that could not be reasonably anticipated at the time of the
budget submission: Provided further, That the Under Secretary
of Defense (Comptroller) is to report annually to the
Committees on Appropriations of both Houses of Congress all
operation and maintenance expenditures for each individual
general or flag officer quarters for the prior fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of title
10, United States Code, are appropriated and shall be available
until expended for the purposes specified in subsection (i)(1)
of such section or until transferred pursuant to subsection
(i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations
available in this Act to the Department of Defense for military
construction and family housing operation and maintenance and
construction have expired for obligation, upon a determination
that such appropriations will not be necessary for the
liquidation of obligations or for making authorized adjustments
to such appropriations for obligations incurred during the
period of availability of such appropriations, unobligated
balances of such appropriations may be transferred into the
appropriation ``Foreign Currency Fluctuations, Construction,
Defense'', to be merged with and to be available for the same
time period and for the same purposes as the appropriation to
which transferred.
(including transfer of funds)
Sec. 122. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account in
accordance with the reprogramming guidelines for military
construction and family housing construction contained in
Department of Defense Financial Management Regulation 7000.14-
R, Volume 3, Chapter 7, of March 2011, as in effect on the date
of enactment of this Act.
Sec. 123. None of the funds made available in this title may
be obligated or expended for planning and design and
construction of projects at Arlington National Cemetery.
Sec. 124. For an additional amount for the accounts and in
the amounts specified, to remain available until September 30,
2025:
``Military Construction, Army'', $233,000,000;
``Military Construction, Navy and Marine Corps'',
$73,100,000;
``Military Construction, Air Force'', $60,000,000;
``Military Construction, Army National Guard'',
$49,835,000;
``Military Construction, Air National Guard'',
$29,500,000; and
``Military Construction, Air Force Reserve'',
$25,000,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military
department's unfunded priority list for fiscal year 2021
submitted to Congress: Provided further, That such projects
are subject to authorization prior to obligation and
expenditure of funds to carry out construction: Provided
further, That not later than 30 days after enactment of this
Act, the Secretary of the military department concerned, or his
or her designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section.
Sec. 125. All amounts appropriated to the ``Department of
Defense--Military Construction, Army'', ``Department of
Defense--Military Construction, Navy and Marine Corps'',
``Department of Defense--Military Construction, Air Force'',
and ``Department of Defense--Military Construction, Defense-
Wide'' accounts pursuant to the authorization of appropriations
in a National Defense Authorization Act specified for fiscal
year 2021 in the funding table in section 4601 of that Act
shall be immediately available and allotted to contract for the
full scope of authorized projects.
(rescissions of funds)
Sec. 126. Of the unobligated balances available to the
Department of Defense from prior appropriation Acts, the
following funds are hereby rescinded from the following
accounts in the amounts specified:
``Military Construction, Navy and Marine Corps'',
$48,000,000;
``Military Construction, Air Force'', $9,975,000;
``Military Construction, Defense-Wide'', $29,838,000;
and
``Department of Defense Base Closure Account'',
$50,000,000:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism or as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 127. For the purposes of this Act, the term
``congressional defense committees'' means the Committees on
Armed Services of the House of Representatives and the Senate,
the Subcommittee on Military Construction and Veterans Affairs
of the Committee on Appropriations of the Senate, and the
Subcommittee on Military Construction and Veterans Affairs of
the Committee on Appropriations of the House of
Representatives.
Sec. 128. For an additional amount for the accounts and in
the amounts specified, to remain available until September 30,
2023:
``Military Construction, Army'', $48,000,000;
``Military Construction, Navy and Marine Corps'',
$37,700,000;
``Military Construction, Air Force'', $75,700,000;
and
``Family Housing Construction, Army'', $4,500,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military
department's cost to complete projects list of previously
appropriated projects submitted to Congress: Provided further,
That such projects are subject to authorization prior to
obligation and expenditure of funds to carry out construction:
Provided further, That not later than 30 days after enactment
of this Act, the Secretary of the military department
concerned, or his or her designee, shall submit to the
Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this section.
Sec. 129. For an additional amount for the accounts and in
the amounts specified, to remain available until September 30,
2023:
``Family Housing Operation and Maintenance, Army'',
$20,000,000;
``Family Housing Operation and Maintenance, Navy and
Marine Corps'', $20,000,000; and
``Family Housing Operation and Maintenance, Air
Force'', $20,000,000.
Sec. 130. None of the funds made available by this Act may
be used to carry out the closure or realignment of the United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 131. Notwithstanding any other provision of law, none
of the funds appropriated or otherwise made available by this
or any other Act may be used to consolidate or relocate any
element of a United States Air Force Rapid Engineer Deployable
Heavy Operational Repair Squadron Engineer (RED HORSE) outside
of the United States until the Secretary of the Air Force: (1)
completes an analysis and comparison of the cost and
infrastructure investment required to consolidate or relocate a
RED HORSE squadron outside of the United States versus within
the United States; (2) provides to the Committees on
Appropriations of both Houses of Congress (``the Committees'')
a report detailing the findings of the cost analysis; and (3)
certifies in writing to the Committees that the preferred site
for the consolidation or relocation yields the greatest savings
for the Air Force: Provided, That the term ``United States''
in this section does not include any territory or possession of
the United States.
Sec. 132. For an additional amount for the accounts and in
the amounts specified for planning and design, for improving
military installation resilience, to remain available until
September 30, 2025:
``Military Construction, Army'', $4,000,000;
``Military Construction, Navy and Marine Corps'',
$7,000,000; and
``Military Construction, Air Force'', $4,000,000:
Provided, That not later than 60 days after enactment of this
Act, the Secretary of the military department concerned, or his
or her designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section: Provided further, That
the Secretary of the military department concerned may not
obligate or expend any funds prior to approval by the
Committees on Appropriations of both Houses of Congress of the
expenditure plan required by this section.
Sec. 133. For an additional amount for ``Military
Construction, Navy and Marine Corps'', $32,200,000, to remain
available until September 30, 2025, for child development
center construction: Provided, That projects funded using
amounts available under this section are subject to
authorization prior to obligation and expenditure of funds to
carry out construction: Provided further, That amounts made
available under this section may not be obligated or expended
until the Secretary of the Navy submits to the Committees on
Appropriations of both Houses of Congress a detailed
expenditure plan not later than 30 days after enactment of this
Act.
Sec. 134. Of the unobligated balances available from prior
appropriations Acts under the heading ``Department of Defense--
Military Construction, Defense-Wide'', $131,000,000 is hereby
rescinded, and in addition to amounts otherwise provided for
this fiscal year, an amount of additional new budget authority
equivalent to the amount rescinded pursuant to this section is
hereby appropriated, to remain available until September 30,
2025, and shall be available for the same purposes and under
the same authorities as provided under such heading: Provided,
That no amounts may be rescinded from amounts that were
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism or as an emergency requirement pursuant
to a concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided further,
That projects funded using amounts available under this section
are subject to authorization prior to obligation and
expenditure of funds to carry out construction: Provided
further, That amounts made available under this section may not
be obligated or expended until the Secretary of Defense, or his
or her designee, submits to the Committees on Appropriations of
both Houses of Congress a detailed expenditure plan not later
than 30 days after enactment of this Act.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by section 107 and chapters 11, 13, 18, 51, 53, 55,
and 61 of title 38, United States Code; pension benefits to or
on behalf of veterans as authorized by chapters 15, 51, 53, 55,
and 61 of title 38, United States Code; and burial benefits,
the Reinstated Entitlement Program for Survivors, emergency and
other officers' retirement pay, adjusted-service credits and
certificates, payment of premiums due on commercial life
insurance policies guaranteed under the provisions of title IV
of the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et
seq.) and for other benefits as authorized by sections 107,
1312, 1977, and 2106, and chapters 23, 51, 53, 55, and 61 of
title 38, United States Code, $6,110,251,552, which shall be in
addition to funds previously appropriated under this heading
that became available on October 1, 2020, to remain available
until expended; and, in addition, $130,227,650,000, which shall
become available on October 1, 2021, to remain available until
expended: Provided, That not to exceed $20,115,000 of the
amount made available for fiscal year 2022 under this heading
shall be reimbursed to ``General Operating Expenses, Veterans
Benefits Administration'', and ``Information Technology
Systems'' for necessary expenses in implementing the provisions
of chapters 51, 53, and 55 of title 38, United States Code, the
funding source for which is specifically provided as the
``Compensation and Pensions'' appropriation: Provided further,
That such sums as may be earned on an actual qualifying patient
basis, shall be reimbursed to ``Medical Care Collections Fund''
to augment the funding of individual medical facilities for
nursing home care provided to pensioners as authorized:
Provided further, That funds recovered (including refunds and
reimbursable activity) from fiscal year 2020 obligations and
disbursements made with funds that became available on October
1, 2019, as provided under this heading in title II of division
C of Public Law 115-244, shall be available until expended.
readjustment benefits
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30,
31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38,
United States Code, $14,946,618,000, which shall become
available on October 1, 2021, to remain available until
expended: Provided, That expenses for rehabilitation program
services and assistance which the Secretary is authorized to
provide under subsection (a) of section 3104 of title 38,
United States Code, other than under paragraphs (1), (2), (5),
and (11) of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled veterans
insurance, and veterans mortgage life insurance as authorized
by chapters 19 and 21 of title 38, United States Code,
$2,148,000, which shall be in addition to funds previously
appropriated under this heading that became available on
October 1, 2020, to remain available until expended; and, in
addition, $136,950,000, which shall become available on October
1, 2021, to remain available until expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may
be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That,
during fiscal year 2021, within the resources available, not to
exceed $500,000 in gross obligations for direct loans are
authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $204,400,000.
vocational rehabilitation loans program account
For the cost of direct loans, $33,826, as authorized by
chapter 31 of title 38, United States Code: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That funds made available under this
heading are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $2,469,522.
In addition, for administrative expenses necessary to carry
out the direct loan program, $424,272, which may be paid to the
appropriation for ``General Operating Expenses, Veterans
Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $1,186,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of
passenger motor vehicles, reimbursement of the General Services
Administration for security guard services, and reimbursement
of the Department of Defense for the cost of overseas employee
mail, $3,180,000,000: Provided, That expenses for services and
assistance authorized under paragraphs (1), (2), (5), and (11)
of section 3104(a) of title 38, United States Code, that the
Secretary of Veterans Affairs determines are necessary to
enable entitled veterans: (1) to the maximum extent feasible,
to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily
living, shall be charged to this account: Provided further,
That, of the funds made available under this heading, not to
exceed 10 percent shall remain available until September 30,
2022.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of
the Department of Veterans Affairs and veterans described in
section 1705(a) of title 38, United States Code, including care
and treatment in facilities not under the jurisdiction of the
Department, and including medical supplies and equipment,
bioengineering services, food services, and salaries and
expenses of healthcare employees hired under title 38, United
States Code, assistance and support services for caregivers as
authorized by section 1720G of title 38, United States Code,
loan repayments authorized by section 604 of the Caregivers and
Veterans Omnibus Health Services Act of 2010 (Public Law 111-
163; 124 Stat. 1174; 38 U.S.C. 7681 note), monthly assistance
allowances authorized by section 322(d) of title 38, United
States Code, grants authorized by section 521A of title 38,
United States Code, and administrative expenses necessary to
carry out sections 322(d) and 521A of title 38, United States
Code, and hospital care and medical services authorized by
section 1787 of title 38, United States Code; $497,468,000,
which shall be in addition to funds previously appropriated
under this heading that became available on October 1, 2020;
and, in addition, $58,897,219,000, plus reimbursements, shall
become available on October 1, 2021, and shall remain available
until September 30, 2022: Provided, That, of the amount made
available on October 1, 2021, under this heading,
$1,500,000,000 shall remain available until September 30, 2023:
Provided further, That, notwithstanding any other provision of
law, the Secretary of Veterans Affairs shall establish a
priority for the provision of medical treatment for veterans
who have service-connected disabilities, lower income, or have
special needs: Provided further, That, notwithstanding any
other provision of law, the Secretary of Veterans Affairs shall
give priority funding for the provision of basic medical
benefits to veterans in enrollment priority groups 1 through 6:
Provided further, That, notwithstanding any other provision of
law, the Secretary of Veterans Affairs may authorize the
dispensing of prescription drugs from Veterans Health
Administration facilities to enrolled veterans with privately
written prescriptions based on requirements established by the
Secretary: Provided further, That the implementation of the
program described in the previous proviso shall incur no
additional cost to the Department of Veterans Affairs:
Provided further, That the Secretary of Veterans Affairs shall
ensure that sufficient amounts appropriated under this heading
for medical supplies and equipment are available for the
acquisition of prosthetics designed specifically for female
veterans.
medical community care
For necessary expenses for furnishing health care to
individuals pursuant to chapter 17 of title 38, United States
Code, at non-Department facilities, $1,380,800,000, which shall
be in addition to funds previously appropriated under this
heading that became available on October 1, 2020; and, in
addition, $20,148,244,000, plus reimbursements, shall become
available on October 1, 2021, and shall remain available until
September 30, 2022: Provided, That, of the amount made
available on October 1, 2021, under this heading,
$2,000,000,000 shall remain available until September 30, 2023.
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and
research activities, as authorized by law; administrative
expenses in support of capital policy activities; and
administrative and legal expenses of the Department for
collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code,
and the Federal Medical Care Recovery Act (42 U.S.C. 2651 et
seq.), $300,000,000, which shall be in addition to funds
previously appropriated under this heading that became
available on October 1, 2020; and, in addition, $8,403,117,000,
plus reimbursements, shall become available on October 1, 2021,
and shall remain available until September 30, 2022: Provided,
That, of the amount made available on October 1, 2021, under
this heading, $200,000,000 shall remain available until
September 30, 2023.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other
necessary facilities of the Veterans Health Administration; for
administrative expenses in support of planning, design, project
management, real property acquisition and disposition,
construction, and renovation of any facility under the
jurisdiction or for the use of the Department; for oversight,
engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the
jurisdiction of the Department, not otherwise provided for,
either by contract or by the hire of temporary employees and
purchase of materials; for leases of facilities; and for
laundry services; $150,000,000, which shall be in addition to
funds previously appropriated under this heading that became
available on October 1, 2020; and, in addition, $6,734,680,000,
plus reimbursements, shall become available on October 1, 2021,
and shall remain available until September 30, 2022: Provided,
That, of the amount made available on October 1, 2021, under
this heading, $350,000,000 shall remain available until
September 30, 2023.
medical and prosthetic research
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, $815,000,000, plus
reimbursements, shall remain available until September 30,
2022: Provided, That the Secretary of Veterans Affairs shall
ensure that sufficient amounts appropriated under this heading
are available for prosthetic research specifically for female
veterans, and for toxic exposure research.
National Cemetery Administration
For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations; hire
of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the
National Cemetery Administration, $352,000,000, of which not to
exceed 10 percent shall remain available until September 30,
2022.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-wide capital
planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services
Administration for security guard services, $365,911,000, of
which not to exceed 10 percent shall remain available until
September 30, 2022: Provided, That funds provided under this
heading may be transferred to ``General Operating Expenses,
Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans
Appeals, $196,000,000, of which not to exceed 10 percent shall
remain available until September 30, 2022.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information
systems and operational information systems; for pay and
associated costs; and for the capital asset acquisition of
information technology systems, including management and
related contractual costs of said acquisitions, including
contractual costs associated with operations authorized by
section 3109 of title 5, United States Code, $4,912,000,000,
plus reimbursements: Provided, That $1,211,238,000 shall be
for pay and associated costs, of which not to exceed 3 percent
shall remain available until September 30, 2022: Provided
further, That $3,205,216,000 shall be for operations and
maintenance, of which not to exceed 5 percent shall remain
available until September 30, 2022: Provided further, That
$495,546,000 shall be for information technology systems
development, and shall remain available until September 30,
2022: Provided further, That amounts made available for
salaries and expenses, operations and maintenance, and
information technology systems development may be transferred
among the three subaccounts after the Secretary of Veterans
Affairs requests from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and an
approval is issued: Provided further, That amounts made
available for the ``Information Technology Systems'' account
for development may be transferred among projects or to newly
defined projects: Provided further, That no project may be
increased or decreased by more than $1,000,000 of cost prior to
submitting a request to the Committees on Appropriations of
both Houses of Congress to make the transfer and an approval is
issued, or absent a response, a period of 30 days has elapsed:
Provided further, That the funds made available under this
heading for information technology systems development shall be
for the projects, and in the amounts, specified under this
heading in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
veterans electronic health record
For activities related to implementation, preparation,
development, interface, management, rollout, and maintenance of
a Veterans Electronic Health Record system, including
contractual costs associated with operations authorized by
section 3109 of title 5, United States Code, and salaries and
expenses of employees hired under titles 5 and 38, United
States Code, $2,627,000,000, to remain available until
September 30, 2023: Provided, That the Secretary of Veterans
Affairs shall submit to the Committees on Appropriations of
both Houses of Congress quarterly reports detailing
obligations, expenditures, and deployment implementation by
facility, including any changes from the deployment plan or
schedule: Provided further, That the funds provided in this
account shall only be available to the Office of the Deputy
Secretary, to be administered by that Office: Provided
further, That 25 percent of the funds made available under this
heading shall not be available until July 1, 2021, and are
contingent upon the Secretary of Veterans Affairs providing a
certification within 7 days prior to that date to the
Committees on Appropriations of any changes to the deployment
schedules.
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions
of the Inspector General Act of 1978 (5 U.S.C. App.),
$228,000,000, of which not to exceed 10 percent shall remain
available until September 30, 2022.
construction, major projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections 316,
2404, 2406 and chapter 81 of title 38, United States Code, not
otherwise provided for, including planning, architectural and
engineering services, construction management services,
maintenance or guarantee period services costs associated with
equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system
construction costs, and site acquisition, where the estimated
cost of a project is more than the amount set forth in section
8104(a)(3)(A) of title 38, United States Code, or where funds
for a project were made available in a previous major project
appropriation, $1,316,000,000, of which $980,638,000 shall
remain available until September 30, 2025, and of which
$335,362,000 shall remain available until expended, of which
$180,198,000 shall be available for seismic improvement
projects and seismic program management activities, including
for projects that would otherwise be funded by the
Construction, Minor Projects, Medical Facilities or National
Cemetery Administration accounts: Provided, That except for
advance planning activities, including needs assessments which
may or may not lead to capital investments, and other capital
asset management related activities, including portfolio
development and management activities, and investment strategy
studies funded through the advance planning fund and the
planning and design activities funded through the design fund,
including needs assessments which may or may not lead to
capital investments, and funds provided for the purchase,
security, and maintenance of land for the National Cemetery
Administration through the land acquisition line item, none of
the funds made available under this heading shall be used for
any project that has not been notified to Congress through the
budgetary process or that has not been approved by the Congress
through statute, joint resolution, or in the explanatory
statement accompanying such Act and presented to the President
at the time of enrollment: Provided further, That such sums as
may be necessary shall be available to reimburse the ``General
Administration'' account for payment of salaries and expenses
of all Office of Construction and Facilities Management
employees to support the full range of capital infrastructure
services provided, including minor construction and leasing
services: Provided further, That funds made available under
this heading for fiscal year 2021, for each approved project
shall be obligated: (1) by the awarding of a construction
documents contract by September 30, 2021; and (2) by the
awarding of a construction contract by September 30, 2022:
Provided further, That the Secretary of Veterans Affairs shall
promptly submit to the Committees on Appropriations of both
Houses of Congress a written report on any approved major
construction project for which obligations are not incurred
within the time limitations established above: Provided
further, That notwithstanding the requirements of section
8104(a) of title 38, United States Code, amounts made available
under this heading for seismic improvement projects and seismic
program management activities shall be available for the
completion of both new and existing seismic projects of the
Department.
construction, minor projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which may
lead to capital investments, architectural and engineering
services, maintenance or guarantee period services costs
associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or
for any of the purposes set forth in sections 316, 2404, 2406
and chapter 81 of title 38, United States Code, not otherwise
provided for, where the estimated cost of a project is equal to
or less than the amount set forth in section 8104(a)(3)(A) of
title 38, United States Code, $390,000,000, to remain available
until September 30, 2025, along with unobligated balances of
previous ``Construction, Minor Projects'' appropriations which
are hereby made available for any project where the estimated
cost is equal to or less than the amount set forth in such
section: Provided, That funds made available under this
heading shall be for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage caused
by any natural disaster or catastrophe; and (2) temporary
measures necessary to prevent or to minimize further loss by
such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel, modify,
or alter existing hospital, nursing home, and domiciliary
facilities in State homes, for furnishing care to veterans as
authorized by sections 8131 through 8137 of title 38, United
States Code, $90,000,000, to remain available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as
authorized by section 2408 of title 38, United States Code,
$45,000,000, to remain available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2021 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That, before a transfer may take place, the Secretary
of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make
the transfer and such Committees issue an approval, or absent a
response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of
Veterans Affairs for fiscal year 2021, in this or any other
Act, under the ``Medical Services'', ``Medical Community
Care'', ``Medical Support and Compliance'', and ``Medical
Facilities'' accounts may be transferred among the accounts:
Provided, That any transfers among the ``Medical Services'',
``Medical Community Care'', and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total amount
appropriated to the account in this or any other Act may take
place subject to notification from the Secretary of Veterans
Affairs to the Committees on Appropriations of both Houses of
Congress of the amount and purpose of the transfer: Provided
further, That any transfers among the ``Medical Services'',
``Medical Community Care'', and ``Medical Support and
Compliance'' accounts in excess of 1 percent, or exceeding the
cumulative 1 percent for the fiscal year, may take place only
after the Secretary requests from the Committees on
Appropriations of both Houses of Congress the authority to make
the transfer and an approval is issued: Provided further, That
any transfers to or from the ``Medical Facilities'' account may
take place only after the Secretary requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for
salaries and expenses shall be available for services
authorized by section 3109 of title 5, United States Code; hire
of passenger motor vehicles; lease of a facility or land or
both; and uniforms or allowances therefore, as authorized by
sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the
purchase of any site for or toward the construction of any new
hospital or home.
Sec. 205. No appropriations in this title shall be available
for hospitalization or examination of any persons (except
beneficiaries entitled to such hospitalization or examination
under the laws providing such benefits to veterans, and persons
receiving such treatment under sections 7901 through 7904 of
title 5, United States Code, or the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)),
unless reimbursement of the cost of such hospitalization or
examination is made to the ``Medical Services'' account at such
rates as may be fixed by the Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2020.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding prior
year appropriations accounts resulting from sections 3328(a),
3334, and 3712(a) of title 31, United States Code, except that
if such obligations are from trust fund accounts they shall be
payable only from ``Compensation and Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law, during
fiscal year 2021, the Secretary of Veterans Affairs shall, from
the National Service Life Insurance Fund under section 1920 of
title 38, United States Code, the Veterans' Special Life
Insurance Fund under section 1923 of title 38, United States
Code, and the United States Government Life Insurance Fund
under section 1955 of title 38, United States Code, reimburse
the ``General Operating Expenses, Veterans Benefits
Administration'' and ``Information Technology Systems''
accounts for the cost of administration of the insurance
programs financed through those accounts: Provided, That
reimbursement shall be made only from the surplus earnings
accumulated in such an insurance program during fiscal year
2021 that are available for dividends in that program after
claims have been paid and actuarially determined reserves have
been set aside: Provided further, That if the cost of
administration of such an insurance program exceeds the amount
of surplus earnings accumulated in that program, reimbursement
shall be made only to the extent of such surplus earnings:
Provided further, That the Secretary shall determine the cost
of administration for fiscal year 2021 which is properly
allocable to the provision of each such insurance program and
to the provision of any total disability income insurance
included in that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds
to reimburse an account for expenses incurred by that account
during a prior fiscal year for providing enhanced-use lease
services, may be obligated during the fiscal year in which the
proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management, the
Office of Employment Discrimination Complaint Adjudication, and
the Office of Diversity and Inclusion for all services provided
at rates which will recover actual costs but not to exceed
$60,096,000 for the Office of Resolution Management, $6,100,000
for the Office of Employment Discrimination Complaint
Adjudication, and $5,294,000 for the Office of Diversity and
Inclusion: Provided, That payments may be made in advance for
services to be furnished based on estimated costs: Provided
further, That amounts received shall be credited to the
``General Administration'' and ``Information Technology
Systems'' accounts for use by the office that provided the
service.
Sec. 211. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 17 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes of
section 1729 of such title: Provided, That the Secretary may
recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from
any person who does not make such disclosure as required:
Provided further, That any amounts so recovered for care or
services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are
received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing
activities (including disposal) may be deposited into the
``Construction, Major Projects'' and ``Construction, Minor
Projects'' accounts and be used for construction (including
site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction or
for the use of the Department of Veterans Affairs. Such sums as
realized are in addition to the amount provided for in
``Construction, Major Projects'' and ``Construction, Minor
Projects''.
Sec. 213. Amounts made available under ``Medical Services''
are available--
(1) for furnishing recreational facilities, supplies,
and equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for
beneficiaries receiving care in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United
States Code, may be transferred to the ``Medical Services'' and
``Medical Community Care'' accounts to remain available until
expended for the purposes of these accounts.
Sec. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the State
of Alaska and Indian tribes and tribal organizations which are
party to the Alaska Native Health Compact with the Indian
Health Service, to provide healthcare, including behavioral
health and dental care, to veterans in rural Alaska. The
Secretary shall require participating veterans and facilities
to comply with all appropriate rules and regulations, as
established by the Secretary. The term ``rural Alaska'' shall
mean those lands which are not within the boundaries of the
municipality of Anchorage or the Fairbanks North Star Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of
title 38, United States Code, may be transferred to the
``Construction, Major Projects'' and ``Construction, Minor
Projects'' accounts, to remain available until expended for the
purposes of these accounts.
Sec. 217. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of Congress
a report on the financial status of the Department of Veterans
Affairs for the preceding quarter: Provided, That, at a
minimum, the report shall include the direction contained in
the paragraph entitled ``Quarterly reporting'', under the
heading ``General Administration'' in the joint explanatory
statement accompanying Public Law 114-223.
(including transfer of funds)
Sec. 218. Amounts made available under the ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', ``Medical Facilities'', ``General Operating
Expenses, Veterans Benefits Administration'', ``Board of
Veterans Appeals'', ``General Administration'', and ``National
Cemetery Administration'' accounts for fiscal year 2021 may be
transferred to or from the ``Information Technology Systems''
account: Provided, That such transfers may not result in a
more than 10 percent aggregate increase in the total amount
made available by this Act for the ``Information Technology
Systems'' account: Provided further, That, before a transfer
may take place, the Secretary of Veterans Affairs shall request
from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and an approval is
issued.
(including transfer of funds)
Sec. 219. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2021 for ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``Construction, Minor Projects'', and
``Information Technology Systems'', up to $322,932,000, plus
reimbursements, may be transferred to the Joint Department of
Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund, established by section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 3571) and may be used for operation of the
facilities designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4500): Provided, That additional funds may be
transferred from accounts designated in this section to the
Joint Department of Defense--Department of Veterans Affairs
Medical Facility Demonstration Fund upon written notification
by the Secretary of Veterans Affairs to the Committees on
Appropriations of both Houses of Congress: Provided further,
That section 220 of title II of division F of Public Law 116-94
is repealed.
(including transfer of funds)
Sec. 220. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2021, for
``Medical Services'', ``Medical Community Care'', ``Medical
Support and Compliance'', and ``Medical Facilities'', up to
$327,126,000, plus reimbursements, may be transferred to the
Joint Department of Defense--Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section
1704 of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 3571) and may be used for
operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4500): Provided, That
additional funds may be transferred from accounts designated in
this section to the Joint Department of Defense--Department of
Veterans Affairs Medical Facility Demonstration Fund upon
written notification by the Secretary of Veterans Affairs to
the Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 221. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United
States Code, for healthcare provided at facilities designated
as combined Federal medical facilities as described by section
706 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500) shall
also be available: (1) for transfer to the Joint Department of
Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund, established by section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 3571); and (2) for operations of the facilities
designated as combined Federal medical facilities as described
by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4500): Provided, That, notwithstanding section
1704(b)(3) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2573), amounts
transferred to the Joint Department of Defense--Department of
Veterans Affairs Medical Facility Demonstration Fund shall
remain available until expended.
(including transfer of funds)
Sec. 222. Of the amounts available in this title for
``Medical Services'', ``Medical Community Care'', ``Medical
Support and Compliance'', and ``Medical Facilities'', a minimum
of $15,000,000 shall be transferred to the DOD-VA Health Care
Sharing Incentive Fund, as authorized by section 8111(d) of
title 38, United States Code, to remain available until
expended, for any purpose authorized by section 8111 of title
38, United States Code.
Sec. 223. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to
replace the current system by which the Veterans Integrated
Service Networks select and contract for diabetes monitoring
supplies and equipment.
Sec. 224. The Secretary of Veterans Affairs shall notify the
Committees on Appropriations of both Houses of Congress of all
bid savings in a major construction project that total at least
$5,000,000, or 5 percent of the programmed amount of the
project, whichever is less: Provided, That such notification
shall occur within 14 days of a contract identifying the
programmed amount: Provided further, That the Secretary shall
notify the Committees on Appropriations of both Houses of
Congress 14 days prior to the obligation of such bid savings
and shall describe the anticipated use of such savings.
Sec. 225. None of the funds made available for
``Construction, Major Projects'' may be used for a project in
excess of the scope specified for that project in the original
justification data provided to the Congress as part of the
request for appropriations unless the Secretary of Veterans
Affairs receives approval from the Committees on Appropriations
of both Houses of Congress.
Sec. 226. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of Congress
a quarterly report containing performance measures and data
from each Veterans Benefits Administration Regional Office:
Provided, That, at a minimum, the report shall include the
direction contained in the section entitled ``Disability claims
backlog'', under the heading ``General Operating Expenses,
Veterans Benefits Administration'' in the joint explanatory
statement accompanying Public Law 114-223: Provided further,
That the report shall also include information on the number of
appeals pending at the Veterans Benefits Administration as well
as the Board of Veterans Appeals on a quarterly basis.
Sec. 227. The Secretary of Veterans Affairs shall provide
written notification to the Committees on Appropriations of
both Houses of Congress 15 days prior to organizational changes
which result in the transfer of 25 or more full-time
equivalents from one organizational unit of the Department of
Veterans Affairs to another.
Sec. 228. The Secretary of Veterans Affairs shall provide on
a quarterly basis to the Committees on Appropriations of both
Houses of Congress notification of any single national outreach
and awareness marketing campaign in which obligations exceed
$1,000,000.
(including transfer of funds)
Sec. 229. The Secretary of Veterans Affairs, upon
determination that such action is necessary to address needs of
the Veterans Health Administration, may transfer to the
``Medical Services'' account any discretionary appropriations
made available for fiscal year 2021 in this title (except
appropriations made to the ``General Operating Expenses,
Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of
Veterans Affairs, including those appropriated for fiscal year
2021, that were provided in advance by appropriations Acts:
Provided, That transfers shall be made only with the approval
of the Office of Management and Budget: Provided further, That
the transfer authority provided in this section is in addition
to any other transfer authority provided by law: Provided
further, That no amounts may be transferred from amounts that
were designated by Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That such authority to transfer may not be
used unless for higher priority items, based on emergent
healthcare requirements, than those for which originally
appropriated and in no case where the item for which funds are
requested has been denied by Congress: Provided further, That,
upon determination that all or part of the funds transferred
from an appropriation are not necessary, such amounts may be
transferred back to that appropriation and shall be available
for the same purposes as originally appropriated: Provided
further, That before a transfer may take place, the Secretary
of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make
the transfer and receive approval of that request.
(including transfer of funds)
Sec. 230. Amounts made available for the Department of
Veterans Affairs for fiscal year 2021, under the ``Board of
Veterans Appeals'' and the ``General Operating Expenses,
Veterans Benefits Administration'' accounts may be transferred
between such accounts: Provided, That before a transfer may
take place, the Secretary of Veterans Affairs shall request
from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and receive
approval of that request.
Sec. 231. The Secretary of Veterans Affairs may not
reprogram funds among major construction projects or programs
if such instance of reprogramming will exceed $7,000,000,
unless such reprogramming is approved by the Committees on
Appropriations of both Houses of Congress.
Sec. 232. (a) The Secretary of Veterans Affairs shall ensure
that the toll-free suicide hotline under section 1720F(h) of
title 38, United States Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American
Association of Suicidology.
(b)(1) None of the funds made available by this Act may be
used to enforce or otherwise carry out any Executive action
that prohibits the Secretary of Veterans Affairs from
appointing an individual to occupy a vacant civil service
position, or establishing a new civil service position, at the
Department of Veterans Affairs with respect to such a position
relating to the hotline specified in subsection (a).
(2) In this subsection--
(A) the term ``civil service'' has the meaning given
such term in section 2101(1) of title 5, United States
Code; and
(B) the term ``Executive action'' includes--
(i) any Executive order, presidential
memorandum, or other action by the President;
and
(ii) any agency policy, order, or other
directive.
(c)(1) The Secretary of Veterans Affairs shall conduct a
study on the effectiveness of the hotline specified in
subsection (a) during the 5-year period beginning on January 1,
2016, based on an analysis of national suicide data and data
collected from such hotline.
(2) At a minimum, the study required by paragraph (1) shall--
(A) determine the number of veterans who contact the
hotline specified in subsection (a) and who receive
follow up services from the hotline or mental health
services from the Department of Veterans Affairs
thereafter;
(B) determine the number of veterans who contact the
hotline who are not referred to, or do not continue
receiving, mental health care who commit suicide; and
(C) determine the number of veterans described in
subparagraph (A) who commit or attempt suicide.
Sec. 233. Effective during the period beginning on October
1, 2018 and ending on January 1, 2024, none of the funds made
available to the Secretary of Veterans Affairs by this or any
other Act may be obligated or expended in contravention of the
``Veterans Health Administration Clinical Preventive Services
Guidance Statement on the Veterans Health Administration's
Screening for Breast Cancer Guidance'' published on May 10,
2017, as issued by the Veterans Health Administration National
Center for Health Promotion and Disease Prevention.
Sec. 234. (a) Notwithstanding any other provision of law, the
amounts appropriated or otherwise made available to the
Department of Veterans Affairs for the ``Medical Services''
account may be used to provide--
(1) fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the
spouse of a covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) In this section:
(1) The term ``service-connected'' has the meaning
given such term in section 101 of title 38, United
States Code.
(2) The term ``covered veteran'' means a veteran, as
such term is defined in section 101 of title 38, United
States Code, who has a service-connected disability
that results in the inability of the veteran to
procreate without the use of fertility treatment.
(3) The term ``assisted reproductive technology''
means benefits relating to reproductive assistance
provided to a member of the Armed Forces who incurs a
serious injury or illness on active duty pursuant to
section 1074(c)(4)(A) of title 10, United States Code,
as described in the memorandum on the subject of
``Policy for Assisted Reproductive Services for the
Benefit of Seriously or Severely Ill/Injured (Category
II or III) Active Duty Service Members'' issued by the
Assistant Secretary of Defense for Health Affairs on
April 3, 2012, and the guidance issued to implement
such policy, including any limitations on the amount of
such benefits available to such a member except that--
(A) the time periods regarding embryo
cryopreservation and storage set forth in part
III(G) and in part IV(H) of such memorandum
shall not apply; and
(B) such term includes embryo
cryopreservation and storage without limitation
on the duration of such cryopreservation and
storage.
(4) The term ``adoption reimbursement'' means
reimbursement for the adoption-related expenses for an
adoption that is finalized after the date of the
enactment of this Act under the same terms as apply
under the adoption reimbursement program of the
Department of Defense, as authorized in Department of
Defense Instruction 1341.09, including the
reimbursement limits and requirements set forth in such
instruction.
(c) Amounts made available for the purposes specified in
subsection (a) of this section are subject to the requirements
for funds contained in section 508 of division H of the
Consolidated Appropriations Act, 2018 (Public Law 115-141).
Sec. 235. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of
Veterans Affairs may be used in a manner that is inconsistent
with: (1) section 842 of the Transportation, Treasury, Housing
and Urban Development, the Judiciary, the District of Columbia,
and Independent Agencies Appropriations Act, 2006 (Public Law
109-115; 119 Stat. 2506); or (2) section 8110(a)(5) of title
38, United States Code.
Sec. 236. Section 842 of Public Law 109-115 shall not apply
to conversion of an activity or function of the Veterans Health
Administration, Veterans Benefits Administration, or National
Cemetery Administration to contractor performance by a business
concern that is at least 51 percent owned by one or more Indian
tribes as defined in section 5304(e) of title 25, United States
Code, or one or more Native Hawaiian Organizations as defined
in section 637(a)(15) of title 15, United States Code.
Sec. 237. (a) Except as provided in subsection (b), the
Secretary of Veterans Affairs, in consultation with the
Secretary of Defense and the Secretary of Labor, shall
discontinue using Social Security account numbers to identify
individuals in all information systems of the Department of
Veterans Affairs as follows:
(1) For all veterans submitting to the Secretary of
Veterans Affairs new claims for benefits under laws
administered by the Secretary, not later than March 23,
2023.
(2) For all individuals not described in paragraph
(1), not later than March 23, 2026.
(b) The Secretary of Veterans Affairs may use a Social
Security account number to identify an individual in an
information system of the Department of Veterans Affairs if and
only if the use of such number is required to obtain
information the Secretary requires from an information system
that is not under the jurisdiction of the Secretary.
(c) The matter in subsections (a) and (b) shall supersede
section 238 of Public Law 116-94.
Sec. 238. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2021 and 2022 for ``Medical
Services'', section 239 of division A of Public Law 114-223
shall apply.
Sec. 239. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the
Department of Veterans Affairs may be used to transfer any
amounts from the Filipino Veterans Equity Compensation Fund to
any other account within the Department of Veterans Affairs.
Sec. 240. Of the funds provided to the Department of
Veterans Affairs for each of fiscal year 2021 and fiscal year
2022 for ``Medical Services'', funds may be used in each year
to carry out and expand the child care program authorized by
section 205 of Public Law 111-163, notwithstanding subsection
(e) of such section.
Sec. 241. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of
Veterans Affairs to enter into an agreement related to
resolving a dispute or claim with an individual that would
restrict in any way the individual from speaking to members of
Congress or their staff on any topic not otherwise prohibited
from disclosure by Federal law or required by Executive order
to be kept secret in the interest of national defense or the
conduct of foreign affairs.
Sec. 242. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2021 and 2022, section 258 of
division A of Public Law 114-223 shall apply.
Sec. 243. (a) None of the funds appropriated or otherwise
made available by this Act may be used to deny an Inspector
General funded under this Act timely access to any records,
documents, or other materials available to the department or
agency of the United States Government over which such
Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.), or to prevent or impede
the access of such Inspector General to such records,
documents, or other materials, under any provision of law,
except a provision of law that expressly refers to such
Inspector General and expressly limits the right of access of
such Inspector General.
(b) A department or agency covered by this section shall
provide its Inspector General access to all records, documents,
and other materials in a timely manner.
(c) Each Inspector General covered by this section shall
ensure compliance with statutory limitations on disclosure
relevant to the information provided by the department or
agency over which that Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall
report to the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives
within 5 calendar days of any failure by any department or
agency covered by this section to comply with this section.
Sec. 244. None of the funds made available in this Act may
be used in a manner that would increase wait times for veterans
who seek care at medical facilities of the Department of
Veterans Affairs.
Sec. 245. None of the funds appropriated or otherwise made
available by this Act to the Veterans Health Administration may
be used in fiscal year 2021 to convert any program which
received specific purpose funds in fiscal year 2020 to a
general purpose funded program unless the Secretary of Veterans
Affairs submits written notification of any such proposal to
the Committees on Appropriations of both Houses of Congress at
least 30 days prior to any such action and an approval is
issued by the Committees.
Sec. 246. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2021 and 2022, section 248 of
division A of Public Law 114-223 shall apply.
Sec. 247. (a) None of the funds appropriated or otherwise
made available by this Act may be used to conduct research
commencing on or after October 1, 2019, that uses any canine,
feline, or non-human primate unless the Secretary of Veterans
Affairs approves such research specifically and in writing
pursuant to subsection (b).
(b)(1) The Secretary of Veterans Affairs may approve the
conduct of research commencing on or after October 1, 2019,
using canines, felines, or non-human primates if the Secretary
determines that--
(A) the scientific objectives of the research can
only be met by using such canines, felines, or non-
human primates;
(B) such scientific objectives are directly related
to an illness or injury that is combat-related; and
(C) the research is consistent with the revised
Department of Veterans Affairs canine research policy
document dated December 15, 2017, including any
subsequent revisions to such document.
(2) The Secretary may not delegate the authority
under this subsection.
(c) If the Secretary approves any new research pursuant to
subsection (b), not later than 30 days before the commencement
of such research, the Secretary shall submit to the Committees
on Appropriations of the Senate and House of Representatives a
report describing--
(1) the nature of the research to be conducted using
canines, felines, or non-human primates;
(2) the date on which the Secretary approved the
research;
(3) the justification for the determination of the
Secretary that the scientific objectives of such
research could only be met using canines, felines, or
non-human primates;
(4) the frequency and duration of such research; and
(5) the protocols in place to ensure the necessity,
safety, and efficacy of the research; and
(d) Not later than 180 days after the date of the enactment
of this Act, and biannually thereafter, the Secretary shall
submit to such Committees a report describing--
(1) any research being conducted by the Department of
Veterans Affairs using canines, felines, or non-human
primates as of the date of the submittal of the report;
(2) the circumstances under which such research was
conducted using canines, felines, or non-human
primates;
(3) the justification for using canines, felines, or
non-human primates to conduct such research; and
(4) the protocols in place to ensure the necessity,
safety, and efficacy of such research.
(e) Not later than December 31, 2021, the Secretary shall
submit to such Committees an updated plan under which the
Secretary will eliminate or reduce the research conducted using
canines, felines, or non-human primates by not later than 5
years after the date of enactment of Public Law 116-94.
Sec. 248. (a) The Secretary of Veterans Affairs may use
amounts appropriated or otherwise made available in this title
to ensure that the ratio of veterans to full-time employment
equivalents within any program of rehabilitation conducted
under chapter 31 of title 38, United States Code, does not
exceed 125 veterans to one full-time employment equivalent.
(b) Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on
the programs of rehabilitation conducted under chapter 31 of
title 38, United States Code, including--
(1) an assessment of the veteran-to-staff ratio for
each such program; and
(2) recommendations for such action as the Secretary
considers necessary to reduce the veteran-to-staff
ratio for each such program.
Sec. 249. None of the funds made available by this Act may
be used by the Secretary of Veterans Affairs to close the
community based outpatient clinic located in Bainbridge, New
York, until the Secretary of Veterans Affairs submits to the
Committees on Appropriations of the House of Representatives
and the Senate a market area assessment.
Sec. 250. Amounts made available for the ``Veterans Health
Administration, Medical Community Care'' account in this or any
other Act for fiscal years 2021 and 2022 may be used for
expenses that would otherwise be payable from the Veterans
Choice Fund established by section 802 of the Veterans Access,
Choice, and Accountability Act, as amended (38 U.S.C. 1701
note).
Sec. 251. Obligations and expenditures applicable to the
``Medical Services'' account in fiscal years 2017 through 2019
for aid to state homes (as authorized by section 1741 of title
38, United States Code) shall remain in the ``Medical Community
Care'' account for such fiscal years.
Sec. 252. Of the amounts made available for the Department
of Veterans Affairs for fiscal year 2021, in this or any other
Act, under the ``Veterans Health Administration--Medical
Services'', ``Veterans Health Administration--Medical Community
Care'', ``Veterans Health Administration--Medical Support and
Compliance'', and ``Veterans Health Administration--Medical
Facilities'' accounts, $660,691,000 shall be made available for
gender-specific care for women.
Sec. 253 (a) Plan Required.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to the appropriate committees of Congress
a plan to reduce the chances that clinical mistakes by
employees of the Department of Veterans Affairs will result in
adverse events that require institutional or clinical
disclosures and to prevent any unnecessary hardship for
patients and families impacted by such adverse events.
(b) Elements.--The plan required by subsection (a) shall
include the following:
(1) A description of a process for the timely
identification of individuals impacted by disclosures
described in subsection (a) and the process for
contacting those individuals or their next of kin.
(2) A description of procedures for expediting any
remedial or follow-up care required for those
individuals.
(3) A detailed outline of proposed changes to the
process of the Department for clinical quality checks
and oversight.
(4) A communication plan to ensure all facilities of
the Department are made aware of any requirements
updated pursuant to the plan.
(5) A timeline detailing the implementation of the
plan.
(6) An identification of the senior executive of the
Department responsible for ensuring compliance with the
plan.
(7) An identification of potential impacts of the
plan on timely diagnoses for patients.
(8) An identification of the processes and procedures
for employees of the Department to make leadership at
the facility and the Department aware of adverse events
that are concerning and that result in disclosures and
to ensure that the medical impact on veterans of such
disclosures is minimized.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Veterans' Affairs and the
Subcommittee on Military Construction, Veterans
Affairs, and Related Agencies of the Committee on
Appropriations of the Senate; and
(2) the Committee on Veterans' Affairs and the
Subcommittee on Military Construction, Veterans
Affairs, and Related Agencies of the Committee on
Appropriations of the House of Representatives.
(rescissions of funds)
Sec. 254. Of the unobligated balances available to the
Department of Veterans Affairs from prior appropriations Acts,
the following funds are hereby rescinded from the following
accounts in the amounts specified:
``Veterans Benefits Administration, General Operating
Expenses, Veterans Benefits Administration'',
$16,000,000;
``Veterans Health Administration, Medical Services'',
$100,000,000;
``Veterans Health Administration, Medical Support and
Compliance'', $15,000,000;
``Veterans Health Administration, Medical and
Prosthetic Research'', $20,000,000;
``Departmental Administration, General
Administration'', $12,000,000;
``Departmental Administration, Information Technology
Systems'', $37,500,000;
``Departmental Administration, Veterans Electronic
Health Record'', $20,000,000; and
``Departmental Administration, Construction, Minor
Projects'', $35,700,000:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the acquisition
of land or interest in land in foreign countries; purchases and
repair of uniforms for caretakers of national cemeteries and
monuments outside of the United States and its territories and
possessions; rent of office and garage space in foreign
countries; purchase (one-for-one replacement basis only) and
hire of passenger motor vehicles; not to exceed $15,000 for
official reception and representation expenses; and insurance
of official motor vehicles in foreign countries, when required
by law of such countries, $84,100,000, to remain available
until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes
authorized by section 2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States
Court of Appeals for Veterans Claims as authorized by sections
7251 through 7298 of title 38, United States Code, $37,100,000:
Provided, That $3,286,509 shall be available for the purpose
of providing financial assistance as described and in
accordance with the process and reporting procedures set forth
under this heading in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and
improvement of Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, including the purchase or
lease of passenger motor vehicles for replacement on a one-for-
one basis only, and not to exceed $2,000 for official reception
and representation expenses, $81,815,000, of which not to
exceed $15,000,000 shall remain available until September 30,
2023. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the
``Lease of Department of Defense Real Property for Defense
Agencies'' account.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia, and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$75,300,000, to remain available until September 30, 2022, of
which $9,000,000 shall remain available until expended for
construction and renovation of the physical plants at the Armed
Forces Retirement Home--Washington, District of Columbia, and
the Armed Forces Retirement Home--Gulfport, Mississippi:
Provided, That of the amounts made available under this heading
from funds available in the Armed Forces Retirement Home Trust
Fund, $22,000,000 shall be paid from the general fund of the
Treasury to the Trust Fund.
Administrative Provision
Sec. 301. Amounts deposited into the special account
established under 10 U.S.C. 7727 are appropriated and shall be
available until expended to support activities at the Army
National Military Cemeteries.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction, Army'',
$16,111,000, to remain available until September 30, 2025, for
projects outside of the United States: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $70,020,000, to remain available until
September 30, 2025, for projects outside of the United States:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'' $263,869,000, to remain available until September 30,
2025, for projects outside of the United States: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Administrative Provision
Sec. 401. None of the funds appropriated for military
construction projects outside the United States under this
title may be obligated or expended for planning and design of
any project associated with the European Deterrence Initiative
until the Secretary of Defense develops and submits to the
congressional defense committees, in a classified and
unclassified format, a list of all of the military construction
projects associated with the European Deterrence Initiative
which the Secretary anticipates will be carried out during each
of the fiscal years 2022 through 2026.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
Sec. 502. None of the funds made available in this Act may
be used for any program, project, or activity, when it is made
known to the Federal entity or official to which the funds are
made available that the program, project, or activity is not in
compliance with any Federal law relating to risk assessment,
the protection of private property rights, or unfunded
mandates.
Sec. 503. All departments and agencies funded under this Act
are encouraged, within the limits of the existing statutory
authorities and funding, to expand their use of ``E-Commerce''
technologies and procedures in the conduct of their business
practices and public service activities.
Sec. 504. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Construction and Veterans Affairs, and
Related Agencies of the Committee on Appropriations of the
House of Representatives and the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the Senate.
Sec. 505. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government except pursuant to a transfer made
by, or transfer authority provided in, this or any other
appropriations Act.
Sec. 506. None of the funds made available in this Act may
be used for a project or program named for an individual
serving as a Member, Delegate, or Resident Commissioner of the
United States House of Representatives.
Sec. 507. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the
national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises
national security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less than
45 days.
Sec. 508. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 509. None of the funds made available in this Act may
be used by an agency of the executive branch to pay for first-
class travel by an employee of the agency in contravention of
sections 301-10.122 through 301-10.124 of title 41, Code of
Federal Regulations.
Sec. 510. None of the funds made available in this Act may
be used to execute a contract for goods or services, including
construction services, where the contractor has not complied
with Executive Order No. 12989.
Sec. 511. None of the funds made available by this Act may
be used in contravention of section 101(e)(8) of title 10,
United States Code.
Sec. 512. (a) In General.--None of the funds appropriated or
otherwise made available to the Department of Defense in this
Act may be used to construct, renovate, or expand any facility
in the United States, its territories, or possessions to house
any individual detained at United States Naval Station,
Guantanamo Bay, Cuba, for the purposes of detention or
imprisonment in the custody or under the control of the
Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective
control of the Department of Defense; or
(B) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 513. Title X of division B of the Coronavirus Aid,
Relief, and Economic Security Act (Public Law 116-136) is
amended under the heading ``Department of Veterans Affairs--
Departmental Administration--Grants for Construction of State
Extended Care Facilities'' by striking ``including to modify or
alter existing hospital, nursing home, and domiciliary
facilities in State homes: Provided,'' and inserting in lieu
thereof the following: ``which shall be for modifying or
altering existing hospital, nursing home, and domiciliary
facilities in State homes or for previously awarded projects,
for covering construction cost increases due to the
coronavirus: Provided, That the Secretary shall conduct a new
competition or competitions to award grants to States using
funds provided under this heading in this Act: Provided
further, That such grants may be made to reimburse States for
the costs of modifications or alterations that have been
initiated or completed before an application for a grant under
this section is approved by the Secretary: Provided further,
That such grants may be made to assist States with covering
increased construction and construction administration costs as
a result of the coronavirus that will or have occurred on
previously awarded projects: Provided further, That the use of
funds provided under this heading in this Act shall not be
subject to state matching fund requirements, application
requirements, cost thresholds, priority lists, deadlines, award
dates under sections 8134 and 8135 of title 38, United States
Code, and part 59 of chapter I of title 38, Code of Federal
Regulations, and shall not be subject to requirements of
section 501(d) of title 38, United States Code: Provided
further, That the Secretary may establish and adjust rolling
deadlines for applications for such grants and may issue
multiple rounds of application periods for the award of such
grants under this section: Provided further,'': Provided, That
amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 514. Of the unobligated balances available to the
Department of Veterans Affairs from title X of division B of
the Coronavirus Aid, Relief, and Economic Security Act (Public
Law 116-136) for ``Veterans Health Administration, Medical
Services'', funds may be transferred to the following accounts
in the amounts specified:
``General Operating Expenses, Veterans Benefits
Administration'', up to $140,000,000;
``National Cemetery Administration'', up to
$26,000,000; and
``Departmental Administration, Board of Veterans
Appeals'', up to $1,000,000:
Provided, That the transferred funds shall be used for
personnel costs and other expenses to prevent, prepare for, and
respond to coronavirus, domestically or internationally,
including the elimination of backlogs that may have occurred:
Provided further, That the transferred funds shall be in
addition to any other funds made available for this purpose:
Provided further, That the transferred funds may not be used to
increase the number of full-time equivalent positions:
Provided further, That the amounts transferred in this section
that were previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 515. Of the unobligated balances available to the
Department of Veterans Affairs from title X of division B of
the Coronavirus Aid, Relief, and Economic Security Act (Public
Law 116-136) for ``Veterans Health Administration, Medical
Services'', funds may be transferred to the following accounts
in the amounts specified:
``General Operating Expenses, Veterans Benefits
Administration'', up to $198,000,000; and
``Departmental Administration, Information Technology
Systems'', up to $45,000,000:
Provided, That the transferred funds shall be used to
prevent, prepare for, and respond to coronavirus, domestically
or internationally, to improve the Veterans Benefits
Administration's education systems, including implementation of
changes to chapters 30 through 36 of part III of title 38,
United States Code in the Harry W. Colmery Veterans Educational
Assistance Act of 2017 (Public Law 115-48), in a bill to
authorize the Secretary of Veterans Affairs to treat certain
programs of education converted to distance learning by reason
of emergencies and health-related situations in the same manner
as programs of education pursued at educational institutions,
and for other purposes (Public Law 116-128), and in the Student
Veteran Coronavirus Response Act of 2020 (Public Law 116-140):
Provided further, That funds transferred to ``Departmental
Administration, Information Technology Systems'' pursuant to
this section shall be transferred to the information technology
systems development subaccount: Provided further, That the
transferred funds shall be in addition to any other funds made
available for this purpose: Provided further, That the amounts
transferred in this section that were previously designated by
the Congress as an emergency requirement pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985 are
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 516. Section 20013(b) of the Coronavirus Aid, Relief,
and Economic Security Act (Public Law 116-136) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) in the matter preceding subparagraph (A), as so
redesignated, by inserting ``(1)'' before ``In the
case''; and
(3) by adding at the end the following: ``(2) If the
Secretary waives any limit on grant amounts or rates
for per diem payments under paragraph (1),
notwithstanding section 2012(a)(2)(B) of such title,
the maximum rate for per diem payments described in
paragraph (1)(B) shall be three times the rate
authorized for State homes for domiciliary care under
section 1741 of such title.'':
Provided, That amounts repurposed pursuant to this section
that were previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 517. Of the unobligated balances available to the
Department of Veterans Affairs from title X of division B of
the Coronavirus Aid, Relief, and Economic Security Act (Public
Law 116-136) for ``Veterans Health Administration, Medical
Services'', up to $100,000,000 may be transferred to ``Veterans
Health Administration, Medical Community Care'': Provided,
That funds transferred pursuant to this section shall be used
to provide a one-time emergency payment to existing State
Extended Care Facilities for Veterans to prevent, prepare for,
and respond to coronavirus: Provided further, That such
payments shall be in proportion to each State's share of the
total resident capacity in such facilities as of the date of
enactment of this Act where such capacity includes only
veterans on whose behalf the Department pays a per diem payment
pursuant to 38 U.S.C. 1741 or 1745: Provided further, That the
amounts transferred in this section that were previously
designated by the Congress as an emergency requirement pursuant
to the Balanced Budget and Emergency Deficit Control Act of
1985 are designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
This division may be cited as the ``Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act,
2021''.
[Clerk's note.--Reproduced below is the material relating
to division J contained in the Explanatory Statement regarding
H.R. 133, the Consolidated Appropriations Act, 2021.\1\]
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\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
December 21, 2020 by Mrs. Lowey of New York, Chairwoman of the House
Committee on Appropriations. The Statement appears on page H8734 of
Book IV.
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DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2021
The joint explanatory statement accompanying this division
is approved and indicates congressional intent. Unless
otherwise noted, the language set forth in House Report 116-445
carries the same weight as language included in the joint
explanatory statement and should be complied with unless
specifically addressed to the contrary in this joint
explanatory statement. While some language is repeated for
emphasis, it is not intended to negate the language referred to
above unless expressly provided herein.
In cases where House Report 116-445 or this explanatory
statement directs the submission of a report, that report is to
be submitted to the Committees on Appropriations of the House
of Representatives and the Senate. Where this explanatory
statement refers to the Committees or the Committees on
Appropriations, unless otherwise noted, this reference is to
the House of Representatives Subcommittee on Military
Construction, Veterans Affairs, and Related Agencies and the
Senate Subcommittee on Military Construction, Veterans Affairs,
and Related Agencies.
TITLE I
DEPARTMENT OF DEFENSE
Reprogramming Guidelines.--The following reprogramming
guidelines apply for all military construction and family
housing projects. A project or account (including the sub-
elements of an account) which has been specifically reduced by
the Congress in acting on the budget request is considered to
be a congressional interest item and as such, prior approval is
required. Accordingly, no reprogramming to an item specifically
reduced below the threshold by the Congress is permitted,
except that the DOD may seek reprogramming for appropriated
increments.
The reprogramming criteria that apply to military
construction projects, which is 25 percent of the funded amount
or $2,000,000, whichever is less, also apply to new housing
construction projects and improvements. To provide the Services
the flexibility to proceed with construction contracts without
disruption or delay, the costs associated with environmental
hazard remediation such as asbestos removal, radon abatement,
lead-based paint removal or abatement, and any other legislated
environmental hazard remediation may be excluded, if such
remediation requirements could not be reasonably anticipated at
the time of the budget submission. This exclusion applies to
projects authorized in this budget year, as well as projects
authorized in prior years for which construction has not been
completed.
In addition to these guidelines, the Services are directed
to adhere to the guidance for military construction
reprogramming actions and notifications, including the
pertinent statutory authorities contained in DOD Financial
Management Regulation 7000.14-R and relevant updates and policy
memoranda. Further, the agreement encourages the Office of the
Director of National Intelligence to use a format similar to
that used by the Office of the Secretary of Defense to submit
reprogramming requests.
Facilities Sustainment, Restoration and Modernization
(FSRM).--The Department of Defense is directed to continue
describing on form 1390 the backlog of FSRM requirements at
installations with future construction projects. For troop
housing requests, form 1391 should describe any FSRM conducted
in the past two years. Likewise, future requirements for
unaccompanied housing at the corresponding installation should
be included. Additionally, the forms should include English
equivalent measurements for projects presented in metric
measurement. Rules for funding repairs of facilities under the
Operation and Maintenance accounts are described below:
(1) components of the facility may be repaired by
replacement. Such replacement can be up to current standards or
codes;
(2) interior arrangements and restorations may be included
as repair;
(3) additions and new facilities may be done concurrently
with repair projects, as long as the final conjunctively funded
project is a complete and usable facility; and
(4) the appropriate Service Secretary shall notify the
appropriate committees 21 days prior to carrying out any repair
project with an estimated cost in excess of $7,500,000.
Incremental Funding.--The Committees recognize that
providing full funding for military construction projects if
they are executable is ideal. However, it continues to be the
practice to provide incremental funding for certain large
projects to enable the Services to more efficiently allocate
military construction dollars among projects that can be
executed in the year of appropriation. Therefore, the agreement
includes six projects that have been incrementally funded,
however the full authorization of the projects was provided in
the National Defense Authorization Act, Fiscal Year 2021.
Strategic Construction in the Indo-Pacific Region.--
Military construction can be a strategic asset to enhance
posture and deter near-peer competitors. The agreement supports
efforts to execute emergent requirements and accelerate
construction investments in the Indo-Pacific Command
(INDOPACOM) region and provides $10,000,000 under Defense-Wide
planning and design for projects in INDOPACOM that support
National Defense Strategy objectives to sustain joint force
military advantages and deter adversaries from aggression
against our national interest.
Military Installation Resilience.--The agreement continues
to support efforts to improve the resilience of military
installations, pursuant to definitions under 10 U.S.C. 2801 and
in support of installation master plan development, especially
to reduce the requirements for new military construction
following a natural disaster. It encourages installations to
develop plans that take into account current and future risks
from extreme weather and severe changes in environmental
conditions and directs the Department to work with the U.S.
Army Corps of Engineers and Naval Facilities Engineering
Command to incorporate military installation resilience best
practices into master planning institute curriculum
development. Furthermore, the agreement emphasizes that each of
the Services should prioritize and commit funding to projects
that improve the resilience of military installations and their
missions and notes the need to ensure that infrastructure and
facilities remain operational against natural and manmade
threats. Recognizing that such investments are critical to
installation readiness, the agreement provides $4,000,000 in
planning and design funding for the Army and Air Force, and
$7,000,000 in planning and design funding for the Navy and
Marine Corps to continue to develop projects, conduct studies
and analyses, and update Unified Facilities Criteria, that will
directly enhance military installation resilience. No later
than 90 days after enactment of this Act the Services are
directed to provide a spend plan on the funds appropriated in
fiscal years 2020 and 2021.
Defense Access Roads.--The agreement encourages DOD and the
Department of Transportation to use its authorities under the
Defense Access Roads program to enhance military installation
resilience by protecting roadways that are critical to national
defense from all hazards. This includes authorities provided in
the fiscal year 2020 National Defense Authorization Act (Public
Law 116-92) that allow for prioritization of the reconstruction
or enhancement of, or improvements to, those roads to ensure
the continued effective use of the roads, regardless of current
or projected increases in mean tides, recurrent flooding, or
other weather-related conditions or natural disasters; and the
replacement of existing highways and highway connections that
are shut off from general public use by necessary closures,
closures due to mean sea level fluctuation and flooding. No
later than 90 days after enactment of this Act, the agreement
directs each of the Service Secretaries concerned to certify
and provide the guidance available to installation commanders
explaining how to assess defense access road deficiencies
described in section 2808 of Public Law 116-92 and the process
for sponsoring projects to address these deficiencies. Military
services should ensure installation commanders are
appropriately prioritizing projects for sponsorship that
mitigate risks to defense access roads with preventive
intervention.
Adequate Childcare for Military Families.--The importance
of secure and adequate childcare for military families is key
to readiness. DOD has agreed these childcare services and
benefits help support their recruiting, retention and readiness
goals, and that there is generally a high level of satisfaction
among servicemembers who use DOD childcare services. However,
the success of the program depends, in part, on ensuring
adequate facilities for child development centers (CDCs) and
School Age Care (SAC) Program facilities, preferably on
military installations. The Service Secretaries are directed to
submit a report to the congressional defense committees no
later than 180 days after enactment of this Act detailing (1)
all installations that have CDCs and SAC facilities; (2) the
physical condition of these facilities; and (3) the length of
time military families must wait before enrolling their
children into CDCs and SAC programs. To help address the
significant capacity shortfall, the agreement provides an
additional $206,200,000 for four unfunded CDCs.
Fire and Emergency Services.--The agreement notes concern
with the state of infrastructure that supports fire and
emergency services, including facilities that are too small for
new firetrucks and those with outdated fire suppression
systems. Additionally, some installations lack the proper
amount of fire stations for adequate coverage and firefighting
capability. The agreement supports prioritizing projects that
support fire protection and emergency services and, where
possible, leveraging local community and private sector
partnerships to augment fire and emergency services capacity
and capabilities.
Federal, State and Local Intelligence Collaboration.--
Several states utilize National Guard Bureau (NGB) facilities
for intelligence analysis and fusion centers. The agreement
supports these collaborative co-location projects and urges the
Department and the NGB to prioritize such projects, including
Sensitive Compartmented Information Facility projects to
conduct State and Federal intelligence analysis, in the fiscal
year 2022 and future budget submissions.
Military Construction, Army
The agreement provides $628,900,000 for ``Military
Construction, Army'', which is $21,436,000 below the budget
request. Within this amount, the agreement includes
$147,000,000 for study, planning, design, architect and
engineer services, and host nation support.
Firefighting Houses and Equipment.--The Secretary of the
Army is directed to provide a report to the Committees, within
180 days of enactment of this Act, regarding firehouses,
firefighting equipment, and firefighting personnel on military
installations in non-contiguous states and territories. This
report should include a timeline, details, and projected costs
for the building of any firehouses on DOD installations that
have firefighting personnel but have substandard working and
living conditions for personnel and their equipment, suited to
their mission and needs. The report also should include
information on remediation efforts to mitigate substandard
conditions and to protect personnel and equipment.
Pacific Firefighting Support.--The agreement notes the
concerning conditions of firefighting facilities from which
Federal firefighters, Army Forestry Technicians, Army Wildland
Firefighters and Emergency Service Technicians work to support
military installations in the State of Hawaii, including
training that is important to military readiness. In
particular, the agreement notes substandard condition of a
facility designated and built by Federal employees as a
temporary firehouse facility for the U.S. Army Garrison Hawaii
Directorate of Emergency Services, Fire and Emergency Services
Division on Oahu poses a risk to training and readiness for
U.S. Army Hawaii. The agreement directs the Secretary of the
Army to provide a plan within 90 days of enactment of this Act
to replace the current facility with a permanent firehouse
station facility, including the timeline and projected costs.
The plan shall also include an interim solution to address the
substandard working conditions of the above-referenced Federal
employees until a permanent firehouse station facility is
constructed, including any necessary actions required to
address recruitment and retention of fire, forestry, wildland
and emergency service staff. The Army may synchronize and
coordinate this report with the directive provided under
``Firefighting Houses and Equipment'' in House Report 116-445
to reduce duplicative efforts, however each item noted in the
House Report should be addressed.
Military Construction, Navy and Marine Corps
The agreement provides $1,716,144,000 for ``Military
Construction, Navy and Marine Corps'', which is $259,462,000
below the budget request. Within this amount, the agreement
includes $261,710,000 for study, planning, design, architect
and engineer services.
Marine Corps Military Construction Projects in INDOPACOM
AOR.--There is concern that the Navy has not properly
synchronized or planned the necessary construction projects
needed for a Marine Corps presence in the INDOPACOM AOR. The
Secretary of the Navy is directed to provide a master plan, in
unclassified and classified format, to the congressional
defense committees. The plan should outline by fiscal year and
dollar amount the planned military construction projects to
support Marines in Darwin, Australia, East Timor and Vanuatu no
later than 90 days after enactment of this Act.
Naval Shipyard Modernization.--The agreement supports the
Department's Shipyard Infrastructure Optimization Plan and
believes the restoral of deferred maintenance availabilities
along with the public shipyard dry dock investments recommended
by the plan is critical. The agreement urges the Secretary of
the Navy to prioritize the timely funding of public shipyard
infrastructure, in particular, the dry dock and shore
infrastructure necessary to support critical maintenance of
surface and submarine fleets by public shipyards.
Planning and Design.--The agreement reiterates the concern
that the Navy's process to identify, plan, and budget for
requirements to provide adequate shore facilities and
infrastructure to support the deployment of new weapons systems
is flawed. The late addition of large scale and high cost
infrastructure harms not only the success of the project, but
the entire program, as existing resources are re-prioritized to
support late adds. While fact of life changes and unforeseen
circumstances can cause valid disruptions to the program, there
is frustration at the lack of planning and wherewithal to
appropriately program multibillion-dollar projects and
communicate effectively with the Committees of jurisdiction.
The agreement supports the Pearl Harbor dry dock replacement
project and therefore provides an additional $96,000,000 in
planning and design to begin critical path design efforts.
Furthermore, the Navy is encouraged to work with and, where
necessary, educate stakeholders on military construction to
ensure the success of future projects, program offices and the
overall military construction program.
Military Construction, Air Force
The agreement provides $616,156,000 for ``Military
Construction, Air Force'', which is $150,976,000 below the
budget request. Within this amount, the agreement includes
$212,556,000 for study, planning, design, architect and
engineer services.
Tinian Development Program.--The agreement directs the
Secretary of the Air Force to provide a briefing on steps taken
to attract an adequate workforce, account for unique market
conditions, ensure reliable access to construction sites and
otherwise limit mobilization costs, account for accessibility
to remote work sites, and any other relevant steps taken no
later than 90 days after enactment of this Act.
The Weapons Technology Integration Center (WTIC).--There is
concern that the WTIC infrastructure is old, inefficient, and
lacking in secure areas. As directed by the National Security
Strategy and National Defense Strategy, to keep our asymmetric
military advantage, the Nation needs to modernize our weapon
systems, and be able to do so at the speed of relevance. The
WTIC would enable the U.S. to achieve these needs with modern,
secure laboratory space that allows the digital transition in
weapons research and development and increases collaboration
across a multi-disciplinary workforce that enables rapid
transition of technologies to the warfighter. The Secretary of
the Air Force is directed to report to the congressional
defense committees on the total cost of the WTIC and what
fiscal years the replacement construction would be submitted no
later than 90 days after enactment of this Act.
MIT-Lincoln West Lab CSL/MIF, Increment 3.--There is
concern that the Air Force did not submit a request for the
final increment of the MIT-Lincoln West Lab CSL/MIF in the
fiscal year 2021 budget request. Increments 1 and 2 were
provided in fiscal years 2019 and 2020. The importance of these
types of labs, especially the MIT-Lincoln Lab is paramount to
the Air Force's research and development program. Therefore,
the Secretary of the Air Force is directed to report to the
congressional defense committees no later than 60 days after
enactment of this Act on the status of obligation and execution
for increments 1 and 2, the fiscal year in which the third
increment will be requested and the amount, and a timeline for
completion of the project.
Ground Based Strategic Deterrent.--As part of its fiscal
year 2021 budget submission, the Air Force provided the
congressional defense committees with a legislative proposal to
carry out the activities associated with the recapitalization
of the Nation's ground based nuclear missile systems. The
legislative proposal for ground based strategic deterrent
(GBSD) would allow for the use of research, development, test
and evaluation (RDT&E) funding for planning and design
activities and would utilize procurement funding to replace the
existing launch control and launch facilities in lieu of
military construction funding. The agreement notes the enormous
undertaking required to execute the GBSD program, which entails
replacement of the Minuteman missile fleet, and replacement of
450 launch facility sites and 45 launch center sites across
five states. While the Committees support the plan, the
agreement does not support the legislative proposal at this
time.
Recognizing the potential for schedule risk if the
traditional military construction approach is used, the
agreement encourages the Air Force to continue to evaluate and
present suggestions to adjust current military construction
regulations to improve the program. For example, there are
viable efforts to group projects, whether by installation, air
wing, or other grouping, and the Air Force should designate a
way forward for ease of management and execution. The agreement
also supports efforts to utilize an approach where a single
prime vendor may be designated to execute military construction
projects in coordination with the Army Corps of Engineers. Due
to the scale of this endeavor and the importance of maintaining
our nuclear deterrence, the Secretary of the Air Force shall
designate a senior leader to plan, coordinate and execute the
military construction, RDT&E, and procurement functions with
the ability to impact each appropriation as needed. Finally,
the agreement directs the Secretary of the Air Force to submit
a detailed report outlining the replacement plan for the launch
control and launch facilities while maintaining the required
readiness posture no later than 180 days after enactment of
this Act.
Air Force Space Situational Awareness.--The agreement notes
the importance of the Air Force's space tracking mission on
Maui, which provides a critical capability to tracking,
identifying, and characterizing space objects of interest. The
Air Force plans to begin consolidating its mission support
activities from rented space to permanent construction in
Kihei, Maui. This proposed permanent facility construction
would meet Air Force mission needs, increase anti-terrorism and
force protection, and align with the Air Force's obligation of
fiscal year 2020 planning and design funds for a consolidated
presence in west Maui. The agreement directs the Secretary of
the Air Force to submit a report within 90 days of enactment of
this Act describing the current approach, timeline, and
budgetary needs to support this consolidation effort; an
explanation of how the proposed consolidation preserves the Air
Force space tracking mission on Maui; a notional plan outlining
the Air Force's expected community engagement and outreach with
state and county stakeholders to ensure adequate protection of
historical, cultural, and environmental resources; and an
assessment of how the planned consolidation complements
existing or planned Department of Air Force and DOD activities
on Maui and in the State of Hawaii.
Weapons Generation Facilities (WGF).--The agreement directs
the Department to continue to provide quarterly updates on
projects associated with the WGF modernization program,
including the status of planning and estimated timelines for
projects not yet in the design phase.
Security Gates.--The agreement urges the Air Force to plan
and program sufficient funding to address security gate
deficiencies at Air Force Global Strike Command installations
in its fiscal year 2022-2026 future years defense program.
Military Construction, Defense-Wide
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $2,041,909,000 for ``Military
Construction, Defense-Wide'', which is $14,389,000 above the
budget request. Within this amount, the agreement includes
$162,076,000 for study, planning, design, architect and
engineer services.
Hawaii Defense Radar.--The agreement continues to support
the Homeland Defense Radar-Hawaii (HDR-H) and recognizes its
importance to protecting Hawaii and the continental United
States from current and future missile threats. The radar is
necessary to the Missile Defense Agency's (MDA) layered defense
for the Indo-Pacific region and as such, Congress appropriated
planning and design funds in fiscal years 2019 and 2020 for the
project. MDA subsequently programmed $23,900,000 of these funds
for this purpose. However, there is concern that MDA has not
made sufficient and timely progress in its environmental review
of potential locations to site HDR-H which has led to delays in
the military construction elements of the program.
Specifically, the agreement notes the lack of information about
the candidacy of the Pacific Missile Range Facility on the
island of Kauai as an alternative site, including Department of
the Navy concerns about potentially locating the radar at this
training range.
Energy Resilience and Conservation Investment Program
(ERCIP).--The agreement provides a total of $191,100,000 for
ERCIP, an increase of $34,400,000 above the budget request. The
Secretary of Defense is directed to submit a spend plan for the
additional ERCIP funds no later than 30 days after enactment of
this Act.
Military Construction, Army National Guard
The agreement provides $349,437,000 for ``Military
Construction, Army National Guard,'' which is $28,000,000 above
the budget request. Within this amount, the agreement includes
$44,593,000 for study, planning, design, architect and engineer
services.
Readiness Center Transformation Master Plan.--The Army
National Guard (ARNG) should continue to dedicate funding to
implement the Readiness Center Transformation Master Plan.
Facilities that fail to meet modern safety and security
standards, contain hazardous materials and do not account for
the needs of male and female soldiers in the modern Army are
obstacles to training, readiness, recruitment and retention.
The Army and ARNG leadership are urged to sufficiently budget
for military construction so that a sustained investment in the
Readiness Center transformation plan avoids severely neglected
operational facilities.
Military Construction, Air National Guard
The agreement provides $64,214,000 for ``Military
Construction, Air National Guard'', which is the same as the
budget request. Within this amount, the agreement includes
$3,414,000 for study, planning, design, architect and engineer
services.
Corrosion Control Facilities.--The agreement notes concern
with dual use fuel cell maintenance and corrosion control
facilities that support both Active and Guard requirements.
While it is sometimes optimal to share facilities and reduce
costs, these arrangements do not always adequately meet the
needs of all stakeholders. For example, at Little Rock Air
Force Base, corrosion control and fuel cell maintenance that
supports Guard activities is being accomplished by sharing the
use of active duty host-owned facilities on a space available
basis, making it difficult to schedule and complete required
maintenance actions. Continued maintenance delays can
negatively impact readiness and mission accomplishment. The
Committees expect the Air Force and Air National Guard to
prioritize such facilities to adequately support Guard
requirements in future budget requests.
Military Construction, Army Reserve
The agreement provides $88,337,000 for ``Military
Construction, Army Reserve'', which is the same as the budget
request. Within this amount, the agreement includes $1,218,000
for study, planning, design, architect and engineer services.
Military Construction, Navy Reserve
The agreement provides $70,995,000 for ``Military
Construction, Navy Reserve'', which is the same as the budget
request. Within this amount, the agreement includes $3,485,000
for study, planning, design, architect and engineer services.
Military Construction, Air Force Reserve
The agreement provides $23,117,000 for ``Military
Construction, Air Force Reserve'', which is the same as the
budget request. Within this amount, the agreement includes
$3,270,000 for study, planning, design, architect and engineer
services.
Infrastructure Supporting Air Refueling Missions.--Air
refueling is a critical capability provided by the Air Force
Reserve (AFR) rapid global mobility mission. The agreement
notes that certain taxiways at installations supporting the AFR
air refueling mission, such as at Niagara Falls Air Reserve
Station, do not meet length requirements and have not been
updated following aircraft conversion, which limits takeoff
capacity and increases weather restrictions, reducing the
readiness of units to respond to global requirements. The
agreement urges the Secretary of the Air Force to prioritize
funding for ready-to-execute AFR taxiway repair projects.
North Atlantic Treaty Organization Security Investment Program
The agreement provides $173,030,000 for the ``North
Atlantic Treaty Organization Security Investment Program'',
which is the same as the budget request.
Department of Defense Base Closure Account
The agreement provides $480,447,000 for the ``Department of
Defense Base Closure Account'', which is $180,000,000 above the
budget request.
The agreement provides an additional $80,000,000 for the
Navy to accelerate environmental remediation at installations
closed under previous Base Closure and Realignment rounds.
Furthermore, the Navy shall provide to the congressional
defense committees a spend plan for these additional funds no
later than 60 days after enactment of this Act.
The agreement includes a rescission of $50,000,000 in
unobligated balances from the Department of Defense BRAC
account within Army and Air Force.
Perfluorooctane Sulfonate (PFOS) and Perfluorooctanoic Acid
(PFOA).--The agreement provides an additional $100,000,000
above the budget request to address PFOS and PFOA cleanup. The
Secretary of Defense is directed to submit a spend plan no
later than 60 days after enactment of this Act regarding the
use of these additional funds.
There remains concern about the extent of PFOS/PFOA
contamination at U.S. military installations. While this
division only covers military installations funded through the
BRAC account that are affected by PFOS/PFOA, the issue is not
limited to the Department of Defense and affects many
communities across the Nation. The Department is directed to
engage the Environmental Protection Agency as it evaluates the
need for a maximum containment level, as provided by the Safe
Drinking Water Act, as well as designate these chemicals as
hazardous under the Comprehensive Environmental Response,
Compensation, and Liability Act, and to keep the Committees
apprised of new findings of PFOS/PFOA at BRAC sites.
DEPARTMENT OF DEFENSE
Family Housing
ITEM OF INTEREST
Housing Support and Management Costs.--The agreement
includes section 129 under Administrative Provisions that
provides an additional $60,000,000 above the budget request for
Family Housing Support and Management Costs to enhance the
Services' ability to provide oversight and management and hire
personnel to track current and future issues that affect
military family housing.
FAMILY HOUSING CONSTRUCTION, ARMY
The agreement provides $119,400,000 for ``Family Housing
Construction, Army'', which is the same as the budget request.
FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY
The agreement provides $352,342,000 for ``Family Housing
Operation and Maintenance, Army'', which is $14,800,000 less
than the budget request.
FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS
The agreement provides $42,897,000 for ``Family Housing
Construction, Navy and Marine Corps'', which is the same as the
budget request.
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND MARINE CORPS
The agreement provides $346,493,000 for ``Family Housing
Operation and Maintenance, Navy and Marine Corps'', which is
the same as the budget request.
FAMILY HOUSING CONSTRUCTION, AIR FORCE
The agreement provides $97,214,000 for ``Family Housing
Construction, Air Force'', which is the same as the budget
request.
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE
The agreement provides $317,021,000 for ``Family Housing
Operation and Maintenance, Air Force'', which is the same as
the budget request.
FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE
The agreement provides $54,728,000 for ``Family Housing
Operation and Maintenance, Defense-Wide'', which is the same as
the budget request.
DEPARTMENT OF DEFENSE
FAMILY HOUSING IMPROVEMENT FUND
The agreement provides $5,897,000 for the ``Department of
Defense Family Housing Improvement Fund'', which is the same as
the budget request.
DEPARTMENT OF DEFENSE
MILITARY UNACCOMPANIED HOUSING IMPROVEMENT FUND
The agreement provides $600,000 for the ``Department of
Defense Military Unaccompanied Housing Improvement Fund'',
which is the same as the budget request.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)
The agreement includes section 101 limiting the use of
funds under a cost-plus-a-fixed-fee contract.
The agreement includes section 102 allowing the use of
construction funds in this title for hire of passenger motor
vehicles.
The agreement includes section 103 allowing the use of
construction funds in this title for advances to the Federal
Highway Administration for the construction of access roads.
The agreement includes section 104 prohibiting construction
of new bases in the United States without a specific
appropriation.
The agreement includes section 105 limiting the use of
funds for the purchase of land or land easements that exceed
100 percent of the value.
The agreement includes section 106 prohibiting the use of
funds, except funds appropriated in this title for that
purpose, for family housing.
The agreement includes section 107 limiting the use of
minor construction funds to transfer or relocate activities.
The agreement includes section 108 prohibiting the
procurement of steel unless American producers, fabricators,
and manufacturers have been allowed to compete.
The agreement includes section 109 prohibiting the use of
construction or family housing funds to pay real property taxes
in any foreign nation.
The agreement includes section 110 prohibiting the use of
funds to initiate a new installation overseas without prior
notification.
The agreement includes section 111 establishing a
preference for American architectural and engineering services
for overseas projects.
The agreement includes section 112 establishing a
preference for American contractors in United States
territories and possessions in the Pacific and on Kwajalein
Atoll and in countries bordering the Arabian Gulf.
The agreement includes section 113 requiring congressional
notification of military exercises when construction costs
exceed $100,000.
The agreement includes section 114 allowing funds
appropriated in prior years for new projects authorized during
the current session of Congress.
The agreement includes section 115 allowing the use of
expired or lapsed funds to pay the cost of supervision for any
project being completed with lapsed funds.
The agreement includes section 116 allowing military
construction funds to be available for five years.
The agreement includes section 117 allowing the transfer of
funds from Family Housing Construction accounts to the Family
Housing Improvement Program.
The agreement includes section 118 allowing transfers to
the Homeowners Assistance Fund.
The agreement includes section 119 limiting the source of
operation and maintenance funds for flag and general officer
quarters and allowing for notification by electronic medium.
The provision also requires an annual report on the
expenditures of each quarters.
The agreement includes section 120 extending the
availability of funds in the Ford Island Improvement Account.
The agreement includes section 121 allowing the transfer of
expired funds to the Foreign Currency Fluctuations,
Construction, Defense account.
The agreement includes section 122 allowing for the
reprogramming of construction funds among projects and
activities subject to certain criteria.
The agreement includes section 123 prohibiting the
obligation or expenditure of funds provided to the Department
of Defense for military construction for projects at Arlington
National Cemetery.
The agreement includes section 124 providing additional
construction funds for various Military Construction accounts.
The agreement includes section 125 directing all amounts
appropriated to ``Military Construction, Army'', ``Military
Construction, Navy and Marine Corps'', ``Military Construction,
Air Force'', and ``Military Construction, Defense-Wide''
accounts be immediately available and allotted for the full
scope of authorized projects.
The agreement includes section 126 rescinding funds from
prior Appropriation Acts from various accounts.
The agreement includes section 127 defining the
congressional defense committees.
The agreement includes section 128 providing additional
funding for various Military Construction accounts to complete
prior appropriated military construction projects and the
funding is available through fiscal year 2023 and requires
approval from Committees on Appropriations of both Houses of
Congress prior to obligation.
The agreement includes section 129 providing additional
funds for Family Housing Support and Management Costs through
fiscal year 2023.
The agreement includes section 130 prohibiting the use of
funds in this Act to close or realign Naval Station Guantanamo
Bay, Cuba. The provision is intended to prevent the closure or
realignment of the installation out of the possession of the
United States and maintain the Naval Station's long-standing
regional security and migrant operations missions.
The agreement includes section 131 restricting funds in the
Act to be used to consolidate or relocate any element of Air
Force Rapid Engineer Deployable Heavy Operational Repair
Squadron Engineer until certain conditions are met.
The agreement includes section 132 providing additional
funds for planning and design, for improving military
installation resilience.
The agreement includes section 133 providing additional
funds for Military Construction, Navy and Marine Corps for
child development center construction.
The agreement includes section 134 rescinding and re-
appropriating available funding from the Defense-Wide
construction account to make necessary funding available for
previously authorized and appropriated Defense Health Agency
projects.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
ITEMS OF SPECIAL INTEREST
Transition from Active Duty to Civilian Life.--The network
of support surrounding a servicemember as they transition out
of the military, and the ability of transitioning
servicemembers, veterans, and their families to access
resources through community-built networks, including public-
private partnerships, are critical components to success. The
Department, in consultation with the Departments of Defense and
Labor, is encouraged to partner with community non-profit
programs, including faith-based programs, that provide
wraparound employment and counseling services to veterans and
their families, including high-risk veterans, to ensure they
have a successful transition to civilian life. The Department
shall provide an update on these efforts to the Committees on
Appropriations within 180 days of enactment of this Act.
Veteran Data Analytics.--While data on veteran insights are
currently used for evidence-based policy decision-making and
high-level analysis, more timely and operationally relevant
data would better integrate Veterans Experience Office and
Veterans Benefits Administration operations. VA is directed to
submit a report to the Committees within 180 days of enactment
of this Act detailing how it measures effectiveness of current
outreach to veterans, how integration of data and analytics
improved outreach and response from veterans, and how the
development of analytics and data infrastructure can be
implemented to better target how and when in a veteran's life
to present information.
Waste, Fraud and Abuse Prevention System.--As noted in
House Report 116-445, the Department continues to face
challenges preventing fraud, waste, and abuse (FWA) and is
encouraged to establish a Department-wide fraud prevention
system (FPS) that uses predictive modeling and other analytics
to identify and prevent FWA. The Department is encouraged to
establish this system, within the VA Central Office, for the
Veterans Health Administration to use beginning in fiscal year
2022. The Department is directed to submit to the Committees on
Appropriations and Veterans' Affairs of both Houses of Congress
a report no later than 180 days after enactment of this Act on
the status of FPS integration, including recommendations on
expanding the FPS tool enterprise wide.
Asset and Infrastructure Review (AIR) Commission.--The John
S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA
Maintaining Internal Systems and Strengthening Integrated
Outside Networks (MISSION) Act of 2018 (P.L. 115-182)
established an Asset and Infrastructure Review Commission to
begin work in 2022. This Commission should take into account
recent accessibility changes within VA and among community
providers, as well as VA's emergency response role. The
Department should not accelerate the establishment of the
Commission, or its work, but should abide by the timeline
established by the MISSION Act. Moreover, the Department is
directed to provide to the Committees on Appropriations and
Veterans' Affairs of both Houses of Congress, within 90 days of
enactment of this Act, a report on the status and progress in
developing the criteria and completing the market assessments.
Use of Authority to Convert Non-Medical Services to
Contract Performance by Native Hawaiian Organizations or Indian
Tribes.--Due to the lack of utilization of the Native Hawaiian
contracting authority in Section 237 of Division F of Public
Law 116-94, the Department may not have done a sufficient job
at making eligible communities aware of the opportunity. The
Department is directed, within 120 days of enactment of this
Act, to provide to the Committees on Appropriations a plan for
providing information to relevant communities about their
eligibility for this opportunity.
Center for Native Hawaiian, Pacific Islander and U.S.-
Affiliated Pacific Islander Health.--The Committees recognize
the significant contributions of Native Hawaiian (NH), Pacific
Islander (PI), and U.S.-Affiliated Pacific Islander (USAPI)
servicemembers in the U.S. military and the high number of NH/
PI/USAPI veterans. In addition to the direction included on Vet
Center Services in House Report 116-445, within one year of
enactment of this Act, the Department is directed to provide
the Committees on Appropriations with a feasibility study on
the establishment of a VA Center for Native Hawaiian, Pacific
Islander, and U.S.-Affiliated Pacific Islander Health to focus
on research, service, and education to improve the lives of NH,
PI, and USAPI veterans.
Unobligated Balances of Expired Discretionary Funds.--The
Department is directed to submit to the Committees on
Appropriations quarterly reports detailing all unobligated
balances of expired discretionary funds by fiscal year.
Federal Law Enforcement.--The agreement notes that the
explanatory statement accompanying the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2021 directs
the Attorney General to ensure implementation of evidence-based
training programs on de-escalation and the use-of-force, as
well as on police-community relations, that are broadly
applicable and scalable to all Federal law enforcement
agencies. The agreement further notes that several agencies
funded by this Act employ Federal law enforcement officers and
are Federal Law Enforcement Training Centers partner
organizations. The agreement directs such agencies to consult
with the Attorney General regarding the implementation of these
programs for their law enforcement officers. The agreement
further directs such agencies to brief the Committees on
Appropriations on their efforts relating to such implementation
no later than 90 days after consultation with the Attorney
General. In addition, the agreement directs such agencies, to
the extent that they are not already participating, to consult
with the Attorney General and the Director of the FBI regarding
participation in the National Use-of-Force Data Collection. The
agreement further directs such agencies to brief the Committees
on Appropriations, no later than 90 days after enactment of
this Act, on their current efforts to so participate.
Veterans Benefits Administration
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $130,227,650,000 for Compensation
and Pensions in advance for fiscal year 2022. Of the amount
provided, not more than $20,115,000 is to be transferred to
General Operating Expenses, Veterans Benefits Administration
(VBA) and Information Technology Systems for reimbursement of
necessary expenses in implementing provisions of title 38. The
agreement also provides $6,110,251,552 for fiscal year 2021 in
addition to the advance appropriation provided last year.
The Department's execution of the Compensation and Pensions
account in fiscal year 2020 was extremely troubling. First, VA
seemed unaware of period of availability constraints for a
portion of their funding until the month that the fiscal year
ended. Second, although aware of an error on their part that
led to a further period of availability constraint, VBA took no
action to address it or to make accounting adjustments early
enough to prevent the possibility of payments to veterans being
delayed in fiscal year 2021. While Congressional action
prevented veteran payments from being impacted, the Department
must be more attentive to ensure that this needless risk is not
repeated in the future. As part of Congressional action to
correct this issue, the agreement includes bill language to
allow recovered funds from fiscal year 2020 to be available
until expended. The Department is directed to provide to the
Committees on Appropriations a plan to address the required
accounting adjustments and reconciliation related to fiscal
year 2020 benefit payments no later than 60 days after
enactment of this Act.
Gulf War Veterans Claims for Service-Connected Disability
Compensation.--The Department's continued high rates of denial
of Gulf War veterans' claims for undiagnosed illnesses and
chronic multi-symptom illnesses is concerning. The Department
is directed to submit a report to the Committees on
Appropriations no later than 180 days after enactment of this
Act on VA's efforts to improve the grant rate for Gulf War
illness disability claims as defined in Government
Accountability Office (GAO) report GAO-17-511, as well as the
advisability and feasibility of eliminating the deadline for
filing Gulf War presumptive claims under 38 CFR 3.317.
READJUSTMENT BENEFITS
The agreement provides $14,946,618,000 for Readjustment
Benefits in advance for fiscal year 2022.
Adaptive Automobile Grants.--The Department is directed to
provide a report on the feasibility and advisability, including
a cost estimate, for providing an eligible individual with an
additional adaptive automobile grant or other conveyance if 10
years have elapsed since the date on which the eligible
individual received the immediately previous such automobile
grant, other conveyance, or assistance. This report shall be
provided to the Committees on Appropriations within 270 days of
enactment of this Act.
GI Bill Comparison Tool.--As described in House Report 116-
445, the agreement strongly urges VA to make available through
the GI Bill Comparison Tool information on whether an
institution of higher education is a minority serving
institution, a gender-specific institution, or a religiously-
affiliated school, including relevant subcategories.
VETERANS INSURANCE AND INDEMNITIES
The agreement provides $136,950,000 for Veterans Insurance
and Indemnities in advance for fiscal year 2022. The agreement
also provides $2,148,000 for fiscal year 2021 in addition to
the advance appropriation provided last year.
VETERANS HOUSING BENEFIT PROGRAM FUND
The agreement provides such sums as may be necessary for
costs associated with direct and guaranteed loans for the
Veterans Housing Benefit Program Fund. The agreement limits
obligations for direct loans to not more than $500,000 and
provides that $204,400,000 shall be available for
administrative expenses.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
The agreement provides $33,826 for the cost of direct loans
from the Vocational Rehabilitation Loans Program Account, plus
$424,272 to be paid to the appropriation for General Operating
Expenses, Veterans Benefits Administration. The agreement
provides for a direct loan limitation of $2,469,522.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT
The agreement provides $1,186,000 for administrative
expenses of the Native American Veteran Housing Loan Program
Account.
GENERAL OPERATING EXPENSES, VETERANS BENEFITS ADMINISTRATION
The agreement provides $3,180,000,000 for General Operating
Expenses, Veterans Benefits Administration and, of the amount
provided, up to 10 percent is available for obligation until
September 30, 2022.
The funds provided support timely processing of claims,
including those under the Blue Water Navy Vietnam Veterans Act
(Public Law 116-23).
Equitable Relief.--As described in House Report 116-445,
the Secretary is directed to continue to grant or extend
equitable relief to eligible veterans initially deemed eligible
in instances of administrative error.
Open Air Burn Pit Claims.--The Secretary is directed to
provide a report on the rate of denial of benefit claims
related to burn pits exposure. The report should include
information on all conditions for which veterans filed a
benefits claim related to their burn pits exposure, aggregated
information on the locations veterans are claiming for burn pit
exposure, and the causes for claims denials. This report should
be provided to the Committees on Appropriations within 180 days
of enactment of this Act.
Efforts to Combat Veteran Underemployment.--The Department,
in conjunction with the Department of Labor, is directed to
review efforts to combat veteran underemployment, and to
provide a report to the Committees on Appropriations within 180
days of enactment of this Act.
Solid Start Study.--The agreement urges VA, in consultation
with the Department of Defense, to conduct a study on the
feasibility of, and resources necessary for, expansion of the
Solid Start program to include all healthcare-eligible
veterans, no matter when they transitioned out of service, to
ensure more veterans are aware of their earned benefits and
diminish barriers to VA mental healthcare. Information about
eligibility for healthcare and other benefits operated outside
of VBA should be provided.
GI Bill Apprenticeships and On-the-Job-Training.--VA is
urged to take additional actions to promote awareness and
increased utilization of apprenticeships and on-the-job
training (OJT) programs, including continued coordination and
support to State Approving Agencies (SAAs) and programs which
may incentivize increased participation by employers. The
agreement recommends additional support and resources be
provided to SAAs for the purpose of increasing awareness and
utilization of apprenticeships and OJT. The Department is
encouraged to explore options to expand the program in the
future, while ensuring proper oversight of SAA contracts.
Flight Training Approval Process.--The agreement directs
the Department to conduct a comprehensive review of its current
approval process of flight training programs for Post-9/11 GI
Bill benefits within 180 days of the enactment of this Act.
During the review, VA is recommended to consult with the
Federal Aviation Administration, Part 141 pilot schools and
other institutions accredited by the Aviation Accreditation
Board International in order to develop a simplified and
streamlined approval process. Within 60 days of completion, the
Department shall provide a report on the outcomes of the review
to the Committees on Appropriations.
Expansion of Benefits to Laotian and Hmong Special Guerilla
Unit Veterans.--The Department is directed to assess the
feasibility and advisability, including a cost estimate, of
expanding eligibility for VA benefits to individuals determined
by the Secretary to have served honorably in Laotian and Hmong
Special Guerilla Units and other irregular forces in support of
the United States during the Vietnam War. This review should be
submitted to the Committees on Appropriations no later than one
year after enactment of this Act.
Veterans Health Administration
Care for All Veterans.--VA is recognized for its invaluable
role in serving the unique needs of veterans, and a strong and
fully-resourced Veterans Health Administration (VHA) is
necessary to effectively serve them. The Secretary is directed
to conduct an analysis and provide a report and cost projection
to the Committees on Appropriations including the total cost of
providing all necessary healthcare to all eligible veterans
within VHA. The report should include costs for the required
infrastructure, staffing, and other supportive services
necessary to accomplish that goal, and should be provided to
the Committees within one year of enactment of this Act.
National Center for Post-Traumatic Stress Disorder.--The
agreement supports the mission and work of the National Center
for Post-Traumatic Stress Disorder (PTSD) and provides
$40,000,000, which includes $10,000,000 for the coordination of
the VA National PTSD Brain Bank, to continue the center's
advancement of the clinical care and social welfare of
America's veterans, through research, education, and training
in the science, diagnosis, and treatment of PTSD and stress-
related disorders.
VA Facility Issues.--The Committees have provided funding
for a number of facility construction, donation, lease,
partnership, and renovation projects over the past several
fiscal years that VA has not been able to execute. This is a
growing and troubling trend. The Committees expect VA to
efficiently utilize the funding provided for all projects.
Recognizing that the primary obstacle is not related to
appropriations, the Committees direct the Department to work
with the Office of Management and Budget and Congress,
including the Budget and Veterans Affairs Committees of the
House and Senate, to resolve the issues that inhibit VA's
ability to execute leases for medical, research and
administrative offices and facilities.
House Report 116-445 requests that VA provide reports
regarding major medical leases, plans to address high-enrollee
growth areas, research facility infrastructure needs, and
opportunities for partnerships between small VA research
programs and academic programs that do not receive significant
Federal research investments. The agreement directs the
Department to provide these reports within 180 days after
enactment of this Act.
Innovative Research Partnership Demonstration.--New models
of interdisciplinary research require intense collaboration
among multiple fields in order to discover critical therapies,
diagnostic agents, and novel genomic analyses ready for
precision application at the bedside and in the exam room. The
Department would benefit from partnerships with public research
universities to enable the Department to lease space with a
cutting edge, state or local government-owned research property
and facility. Within 60 days of enactment of this Act the
Department is directed to provide to the Committees on
Appropriations an implementation plan, including cost estimate,
for a demonstration program to pursue partnerships with one or
more public research universities. The plan should focus on
institutions with existing affiliations with the Department and
deemed to be a high-quality opportunity; set aside the criteria
of seeking a segregated ``VA space''; and identify and propose
resolution of any barriers to implementation. The Department is
encouraged to focus on public universities located in states
without a VA Center of Innovation. The agreement recommends
that VA plan within a scope that does not exceed $50,000,000
over five years.
Expansion of the Civilian Health and Medical Program of VA
(CHAMPVA).--The Department is directed to provide a report on
the feasibility and advisability, including cost estimates, for
providing medical care under CHAMPVA to eligible children up to
age 26 regardless of student or marital status. The Department
should provide this report no later than 270 days after
enactment of this Act.
Reduce the Misuse of Drug Therapies.--The agreement urges
VA to implement a comprehensive medical selection, adherence,
compliance and digital education program for veterans suffering
from mental health issues, including PTSD and the long-term
side-effects of increased exposure to traumatic brain injury,
through the utilization of cutting-edge, off-the-shelf
technology and pharmacy management protocols to reduce suicide,
relapse and hospital visits.
Alternative Treatments.--As noted in House Report 116-445,
VA should continue efforts, such as prescription practices, to
reduce opioid use among veterans. Further, VA is encouraged to
expand the use of alternative treatments for pain management in
its delivery of healthcare services.
Access to Clinical Trials.--The agreement directs the
Department to provide a report on veterans access to clinical
trials, including the current process and ways in which the
process can be improved and expanded, within 180 days of
enactment of this Act.
MEDICAL SERVICES
The agreement provides $58,897,219,000 in advance for
fiscal year 2022 for Medical Services, with $1,500,000,000
available through fiscal year 2023. The agreement provides an
additional $497,468,000 above the fiscal year 2021 advance
appropriation for the Medical Services account. The agreement
includes bill language requiring the Secretary to ensure that
sufficient amounts are available for the acquisition of
prosthetics designed specifically for female veterans.
Caregivers Support
The agreement includes $1,195,486,000 for VA's Caregivers
Program, and notes that the expansion of the program was
implemented significantly behind schedule. VA is expected to
dedicate this funding to the program, to not divert the
resources to other areas, and is required to provide
notification to the Committees of any reprogramming of this
funding.
The requirement for quarterly reporting on obligations is
continued and must be broadened to include information about
program expansion, including the number of downgrades,
terminations, and denials of eligibility under the Department's
new regulations. The Department is further directed to provide
to the Committees within 180 days of enactment of this Act, a
detailed accounting of the impacts of the Department's changes
to the tier structure and stipend calculations, including the
number of caregivers who will see reductions in their benefits.
Within 180 days of enactment of this Act, the Department
must further provide to the Committees, a summary of the
findings from the survey completed in fiscal year 2020 of
caregivers who seek the financial planning services required
under the MISSION Act (P. L. 115-182), and the plan that was
developed to monitor this issue.
Mental Health and Suicide Prevention
Mental Health and Suicide Prevention.--The agreement
provides $10,277,500,000 in discretionary funds for mental
health programs, which is $20,000,000 above the budget request,
and includes $312,635,000 for suicide prevention outreach. In
addition to the direction provided in House Report 116-445, the
agreement directs the Department to submit a report no later
than 60 days after enactment of this Act detailing the
Department's suicide prevention strategy, including the use of
faith-based programming, steps the Department is taking to
target interventions with at-risk veterans before they are at a
crisis point, and the effectiveness of actions taken to date.
Use of Machine Learning Software to Prevent Veteran
Suicide.--The Department is encouraged, in coordination with
the Office of Mental Health and the Office of Suicide
Prevention, to explore the use of cloud agnostic automated
machine learning capabilities to rapidly provide predictive
analysis to stop suicides before they occur. The Department
should consult with data analytical firms and other government
agencies that use predictive analytics on how best to apply
them to prevent suicide.
Veterans Crisis Line.--The Department is urged to ensure
the Veterans Crisis Line is able to utilize geolocation
capabilities in order to ensure accurate emergency dispatch to
persons at risk of imminent harm to self or others, similar to
those of 911 call centers.
VetsCorp.--The Committees are displeased that the
Department has disregarded the intent of the language included
in the Explanatory Statement accompanying the Further
Consolidated Appropriations Act, 2020 (P.L. 116-94) regarding
the VetsCorp pilot program. Although VA has other outreach
programs, a key and unique aspect of VetsCorp is that veterans
themselves, working with VA, proactively seek out and connect
with veterans in their communities who have not been served by
the Department, in order to help connect them with available
programs and services. VA should track veterans brought into
the system through this outreach. The agreement emphasizes the
importance of this concept and reiterates the direction
included in House Report 116-445 on this topic.
Preventing Veteran Homelessness
The agreement includes $1,908,769,000 in support of
programs to prevent veteran homelessness.
Supportive Services for Veterans Families (SSVF).--The
agreement provides $420,000,000 for grant awards in fiscal year
2022, and directs the Department to ensure that an appropriate
amount of SSVF grants are awarded to organizations that provide
services to support women veterans. Further, the Department is
directed to provide a plan to the Committees within 120 days of
enactment of this Act, for ensuring grant recipients and
veterans who have received SSVF support from any funding source
in fiscal years 2020 and 2021 will not face an abrupt reduction
in support from VA at the end of fiscal year 2021, despite
continued needs.
Department of Housing and Urban Development-Veterans
Affairs Supportive Housing (HUD-VASH).--The Department, in
consultation with HUD, is directed to provide a report that
includes the following information: (1) the number of case
managers with temporary or permanent appointments, full and
part time status, and the number of vacant case manager
positions by VA Medical Center and state; (2) the number of
vouchers requested by and the number of vouchers awarded to
Public Housing Agencies by VA Medical Center and state; (3) the
rate of voucher utilization by VA Medical Center and state; (4)
an explanation of any barriers to full utilization of vouchers,
such as an inadequate stock of affordable housing, insufficient
number of case managers, landlord refusal of vouchers, and
reservation for prioritization of high acuity veterans; (5)
whether localities that have approved exceptions to the fair
market rent have better utilization rates; (6) whether outcomes
differ for veterans who are case managed by local contractors
or VA Medical Center staff; and (7) a summary of veteran
outcomes in terms of sustained vs. un-sustained housing
placements, connection to employment/income, healthcare, and
other benefits by VA Medical Center. The report shall further
outline efforts VA is taking to increase hiring and retention,
including through the use of incentives and educational loan
forgiveness; and what proactive steps VA might take to fill the
case management workforce pipeline. The report shall include a
feasibility assessment of individual VA Medical Centers
developing workforce training partnerships with community
colleges or universities. This report shall be provided to the
House and Senate Appropriations Subcommittees on Military
Construction, Veterans Affairs and Related Agencies and the
Subcommittees on Transportation, Housing and Urban Development
and Related Agencies no later than 270 days after enactment of
this Act.
Redistribution of Unallocated HUD-VASH Voucher Funds.--The
Secretary is encouraged to issue waivers where necessary to
prevent Public Housing Agencies from being restricted from
future HUD-VASH allocations due to vouchers going unused
because of insufficient referrals from VA. The Department, in
consultation with HUD, is directed to submit a report to the
House and Senate Appropriations Subcommittees on Military
Construction, Veterans Affairs and Related Agencies and the
Subcommittees on Transportation, Housing and Urban Development
and Related Agencies recommending possible methods to
redistribute unallocated HUD-VASH voucher funds. The report
shall include a determination of the feasibility of issuing a
new solicitation of participation for unallocated HUD-VASH
vouchers and should be provided to the Committees no later than
270 days after enactment of this Act.
Homeless Providers Grant and Per Diem (GPD) Program.--The
agreement supports the goal of ending veteran homelessness by
ensuring veterans access to permanent, affordable housing of
their choice. However, the Department should continue to make
funding available for service-intensive GPD beds based on a
collaborative process with local housing partners, local VA
Medical Centers, and the Continuums of Care. The Department is
directed to submit a report to the Committees on Appropriations
no later than 180 days after enactment of this Act on the
Department's plan to ensure continued access to transitional
housing assistance for veterans, particularly in rural or
highly rural areas, once the Department has determined that
veteran homelessness is at or near ``functional zero''. The
agreement includes $270,000,000 for the GPD program, which is
$4,861,000 above the request.
Veteran Treatment Courts (VTC).--VA is directed to produce
a report, in coordination with the Department of Justice, on
the feasibility of sharing information between Departments on
veterans in the justice system, including sex, age, time of
service, whether deployed, education, type of offense,
sentence, completion of VTC, completion of sentence, and
recidivism. The Committees understand that additional efforts
have been made to assist veterans who are parents and this
report should include details about this type of programming.
The report shall also assess whether this type of information
sharing may help leaders become more aware of the effectiveness
of VTCs and make recommendations regarding the allocation of
additional support and resources. This report shall be provided
to the Committees within 270 days of enactment of this Act.
VHA Staffing and Clinical Workforce Issues
For several years, the Committees have expressed concern
with the Department's ability to hire and retain physicians,
physician assistants, nurses, mental health providers, other
healthcare professionals, and related support staff. The
Committees appreciate VA's efforts to address these concerns
but believe a different reporting approach is necessary to
provide a complete understanding of the scope of the issues.
As such, in lieu of the reporting requirements included in
the Explanatory Statement accompanying the Further Consolidated
Appropriations Act, 2020 (P.L. 116-94) and House Report 116-
445, the Committees direct the Department to prepare a
detailed, comprehensive report to be provided no later than
June 30, 2021, for fiscal year 2020 data and no later than
January 31 for each fiscal year thereafter, that identifies its
most pressing workforce issues, and efforts the Department is
taking to address these gaps. Among other topics, the report
should cover workforce issues related to critical occupation
staffing shortages, as identified by the Office of Inspector
General (OIG #19-00346-241); mental health providers; physician
assistants; orthotic and prosthetic professionals; and
intermediate care technicians.
Recognizing that the adequacy of Patient-Aligned Care
Teams, the particular staffing needs of rural and remote areas
and credentialing are not captured within the personnel system
but are important to the delivery of healthcare to veterans,
the Committees direct the Department to provide a report on
efforts being taken related to these issues in accordance with
the timeline directed above.
In addition, the Committees maintain it is critical that
VHA develop a staffing model to better understand and more
quickly address staffing needs across the organization,
particularly in critical need occupations. The Department is
encouraged to include recommendations in the report to address
its workforce issues.
The Committees look forward to working with the Department
to develop a consistent format for this report that is useful
for Congress, the Administration, veterans, and the public.
Recognizing that information needs may change, the Committees
note that specific reporting requirements may vary from fiscal
year to fiscal year.
Rural Healthcare
Office of Rural Health.--The agreement notes that veterans
residing in rural and remote areas face unique barriers to
receiving high-quality mental health, primary healthcare, and
specialty care services. While enhanced community care programs
offer veterans increased flexibility to obtain care close to
home, often this same gap in services exists in the private
market in rural and remote communities. The Office of Rural
Health (ORH) and its Rural Health Initiative have played a
critical role in assisting VA in its efforts to increase access
to care. Therefore, the agreement provides $300,000,000 for ORH
and the Rural Health Initiative.
In addition to the direction regarding rural health
included in House Report 116-445, the Department is reminded of
the study and report required in Senate Report 115-269
requiring an analysis of the effects of the Veterans
Transportation Service on health outcomes for veterans.
Rural Health Continuity of Care.--The Committees encourage
the Department to sustain continuity of care for rural veterans
through provider agreements, based on previous models, such as
the Access Received Closer to Home program, to ensure veterans
do not experience a lapse in existing healthcare access during
the transition to the Veterans Community Care Program and
Community Care Networks. The Committees continue to support
enabling the Department to enter into provider agreements with
non-VA long-term care providers, including skilled nursing
facilities, as appropriate.
Telehealth and Connected Care
The agreement provides $1,329,566,000 to sustain and
increase telehealth capacity, including in rural and highly
rural areas. In 2020, out of necessity, VA expanded telehealth
access for veterans significantly, but the resulting benefits
to veterans warrant these efforts becoming more permanent.
Within 180 days of enactment of this Act, the Department is
directed to provide a report to the Committees on
Appropriations on the expansion of telehealth undertaken in
2020, any lessons learned, and the feasibility of making these
changes permanent. Further, the Department is directed to
provide the Committees with a plan to address the future
telehealth needs of the organization, including the effects of
anticipated trends and effects on community care, as well as
efforts to provide telehealthcare for veterans who lack
reliable broadband access.
Gender-Specific Care for Women
Gender-Specific Care for Women.--The agreement includes
$660,691,000 for gender-specific care for women, which is
$35,000,000 above the budget request. The additional
$35,000,000 is provided for the purpose of expanding
programmatic support for women's healthcare, and includes
$1,000,000 for peer support programs for women veterans, as
described in House Report 116-445. The Department is directed
to provide a spend plan detailing all planned activities
related to care for women veterans to the Committees no later
than 90 days after enactment of this Act and requires quarterly
briefings to the Committees on the expenditure of the funding.
The Department is reminded of the annual reporting requirement
included in the Joint Explanatory Statement accompanying Public
Law 116-94 related to women's healthcare facilities.
Sexual Assault and Harassment at VA Facilities.--In
addition to the direction provided in House Report 116-445, the
Department is directed to conduct a report on incidents of
reported sexual harassment and assault by veterans at VA
facilities, and to develop a plan to address this issue no
later than one year after enactment of this Act.
Barriers to Women's Care.--The Department is directed to
provide a report within 180 days of enactment of this Act,
detailing the corrective actions taken to address each of the
challenges outlined in the VA Office of Women's Health
Services' 2015 report titled, ``Barriers to Women's Care.''
Women Veterans Healthcare Programs and Contact Call
Center.--Rather than the House directive under the heading
``Women Veterans Contact Call Center,'' the Committees look
forward to working with the Department to support the call
center, as authorized, and other new women's healthcare
programs and request a report within 180 days of enactment of
the Act regarding future plans for the call center.
Assisted Reproductive Services.--The agreement does not
include the House directive.
Fertility Treatment and Infertility Services Report.--In
lieu of the reporting requirements and directives under the
headings ``Fertility Treatment'' and ``Infertility Services'',
the agreement directs the Department to provide a report within
180 days of enactment of this Act regarding the fertility
treatment and counseling furnished by VA over the past five
fiscal years. The report should include the following: (1) the
number of Veterans who received fertility treatment or
counseling furnished by the Department of Veterans Affairs,
disaggregated by era of military service of such Veterans; (2)
the number of spouses of Veterans who received fertility
treatment or counseling furnished by the Department; (3) the
cost to the Department of furnishing fertility treatment and
counseling, disaggregated by cost of services and
administration; (4) the average cost to the Department per
recipient of fertility treatment and counseling; (5) in cases
in which the Department furnished fertility treatment through
the use of assisted reproductive technology, the average number
of cycles per person furnished, disaggregated by type of
treatment; (6) a description of how fertility treatment and
counseling services of the Department are coordinated with
similar services of the Department of Defense; and (7) the
number of women veterans who are ineligible for in vitro
fertilization treatment or other forms of assisted reproductive
services currently provided by the Department for certain
veterans, disaggregated by state of residence, race, age, and
marital status.
Opioid Safety Initiatives and Substance Use Disorder Care
To continue to build upon opioid reduction efforts and
safety initiatives, the agreement includes $503,660,000 for
Opioid Prevention and Treatment programs at VA. This includes
$382,848,000 for prevention and treatment programs, and
$120,812,000 to continue implementation of the Comprehensive
Addiction and Recovery Act of 2016 (P.L. 114-198).
Office of Patient Advocacy.--Within 90 days of enactment of
this Act, the Department is directed to provide an updated
report to the Committees on Appropriations and Veterans'
Affairs of both Houses of Congress on its progress implementing
the patient advocacy sections of Public Law 114-198. The report
should include detail regarding the specific training and
instructions that Patient Advocates are given on how to
escalate a concern outside of a VA facility when they believe a
VA facility is not acting in the best interest of the veteran.
Whole Health
Whole Health.--The agreement provides $73,600,000 for the
Whole Health initiative, which is $10,000,000 above the budget
request. The Committees encourage the Department to continue to
coordinate with the Department of Defense on this initiative.
Within the total, the agreement includes $5,000,000 for
creative arts therapies, as described in House Report 116-445.
Long-Term Care
Long-Term Care.--The agreement provides $10,559,783,000 as
requested by the Department for long-term care. This includes
$7,082,001,000 for institutional care and $3,477,782,000 for
non-institutional care. The agreement supports the Department's
efforts to broaden veterans' options regarding non-
institutional long-term care support and services, and to
accommodate veterans' preferences, as each veteran requires an
individualized approach to care. VA is encouraged to continue
cooperation with community, State, and Federal partners to
expand these programs.
Long-Term Care Projections.--In addition to the Long-Term
Care reports requested in House Report 116-445, the Department
is directed to prepare a report on the current and projected
needs for VA long-term care programs, to include both
institutional and non-institutional care, and the workforce and
cost estimates necessary to support it. This should include a
cost-benefit analysis to determine the feasibility of
incorporating assisted living models into VA's long-term care
options. The report shall be provided to the Committees on
Appropriations within 270 days of enactment of this Act.
Long-Term Care for Veterans with Severe Traumatic Brain
Injury (TBI).--In addition to the requirement in the House
Report 116-445, the Department is directed to consider entering
into agreements to provide long-term specialty care for
veterans suffering from severe TBIs where VA-provided direct
care is not available.
Hospice Care for Veterans.--The Department is reminded of
the direction in Public Law 115-244 regarding a pilot program
to improve end-of-life care for combat veterans and Vietnam-era
veterans. The Department is directed to provide a report within
90 days after enactment of this Act on the status of continued
efforts to improve such care.
Other Health Issues
Readjustment Counseling.--The Department is directed to
submit a report to the Committees no later than 180 days after
enactment of this Act to highlight best practices of Vet
Centers and Mobile Vet Centers, including partnerships to
provide outdoor experiences, and to include a plan to
disseminate the findings, as well as incorporate into criteria
for additional sites. The report should also evaluate the
standardization of the current application and selection
process for these organizations across each district and based
on these findings, provide recommendations to create selection
standardization across each district in order to create a level
playing field for all organizations offering outdoor
experiences to Veterans. The agreement also notes that as Vet
Centers are critical to veterans in every state, the Department
should seek opportunities to hire additional counselors and
establish additional Mobile Vet Centers.
Veterans Exposed to Open Burn Pits and Airborne Hazards.--
In order to provide full and effective medical care, it is
essential for the Department to better understand the effects
that exposure to open burn pits and airborne hazards during
service had on the health of veterans. Consistent with the
language included in House Report 116-445, the agreement
includes $7,500,000 to carry out responsibilities and
activities of the Airborne Hazards and Burn Pits Center of
Excellence. Furthermore, the Committees support increased
outreach to veterans to enroll in the Airborne Hazards and Open
Burn Pits Registry.
Molecular Diagnostics.--The Department is directed to
conduct an assessment of feasibility and advisability,
including a cost estimate, of providing molecular diagnostics
at the time of diagnosis as well as at the time of tumor
recurrence for all cancer patients served by VHA. The
Department should provide a report of this assessment, along
with a summary of the current use of this treatment, no later
than 270 days after enactment of this Act. The agreement
provides up to $5,000,000 to accelerate the adoption of
molecular diagnostics for prostate and breast cancer, as
directed in House Report 116-445.
Epilepsy Center of Excellence.--In lieu of the direction in
House Report 116-445, the Department is directed to increase
its investment to maintain and expand the Epilepsy Center of
Excellence.
Intimate Partner Violence.--In addition to the direction in
House Report 116-445, the agreement continues to direct the
Department to include the Intimate Partner Violence Program as
a program of interest with budget detail in the justifications
accompanying future fiscal year budget submissions.
Adaptive Sports.--The agreement includes $27,048,000 for
National Veterans Sports Programs, including $16,000,000 for
adaptive sports programs, and recommends no less than
$1,500,000 for equine therapy. The Committees recognize that
adaptive sports and recreational therapy provide a low-cost
alternative to other healthcare services that produce similar
health outcomes. The agreement directs the Department to
provide a report to the Committees on the feasibility and cost
associated with expanding access to recreational therapy
options to all veterans enrolled in VA care within 180 days of
enactment of this Act.
Dental Services.--The Department is directed to conduct an
assessment on the feasibility of ensuring that at least one VA
Medical Center in each state is capable of providing all dental
services to eligible veterans and the costs and advisability of
expanding dental service eligibility beyond current eligibility
requirements. This review should be submitted no later than 270
days after enactment of this Act.
Access to Child Care.--The Department is directed to
conduct a survey of any existing contracts or other agreements
related to child care that have been entered into by individual
VA Medical Centers and Vet Centers and provide the results of
this survey no later than 270 days after enactment of this Act.
Lovell Federal Health Care Center.--Given the unique nature
of the Captain James A. Lovell Federal Health Care Center
Demonstration Project joint VA-DOD facility, the agreement
notes that there is significant potential to improve access,
quality, and cost-effectiveness of healthcare delivery to
veterans, servicemembers, and their families. The facility
serves as a valuable site demonstrating comprehensive
cooperation and interoperability between VA and DOD, and this
integration effort must continue as the two Departments
continue to roll out their respective electronic health record
programs.
Pilot Programs for Agritherapy.--The agreement provides
$5,000,000 to continue a pilot program to train veterans in
agricultural vocations, while also tending to behavioral and
mental health needs with behavioral healthcare services and
treatments by licensed providers at no fewer than three
locations.
Utilization Reporting.--The agreement directs the
Department to restore regular public reporting throughout the
year of healthcare and benefits utilization, including by Gulf
War and post-9/11 war veterans, and to publish these reports on
the Department's website.
Obsolete Personal Radio Paging Systems.--Not later than 180
days after enactment of this Act, the Secretary shall furnish
to the Committees a report that details the current status of
Personal Radio Paging Systems at VA Medical Centers and a plan
to upgrade or maintain paging equipment for operations over the
next 10 years.
Health Navigator Services.--The Department is directed to
provide a report on the feasibility and advisability, including
a cost analysis, of implementing health navigator services
throughout VHA for veteran beneficiaries. The Department is
directed to provide this report within 180 days of enactment of
this Act.
Domiciliary Care Claims for Veterans with Early-Stage
Dementia.--VA is urged to take further actions to ensure
veterans with early-stage dementia who would have been or had
previously been deemed eligible for VA domiciliary care, but
would not be under VA's current processing and treatment of
claims, continue to receive care at suitable State Veterans
Homes. This includes the use of any available programmatic or
administrative authorities.
Hyperbaric Oxygen Therapy.--The Department is directed to
report to the Committees within 60 days of the enactment of
this Act on its findings on the short and long-term outcomes of
veterans who completed treatment under the demonstration
project to date.
Standard of Care.--The Committees encourage the Department
to standardize surgical workflow solutions across all VA
medical surgical facilities, as described on page 94 of House
Report 116-445. The Department is directed to provide a report
within 180 days of enactment of this Act on the benefits of
implementing a standard of care for surgical services.
Call Routing.--The Committees are still receiving reports
that veterans calling their community-based outpatient clinics
(CBOC) to make an appointment are sometimes automatically
routed to central call centers at VA medical centers with no
follow-up by the local CBOCs after the initial call. The
Department is directed to provide a report on clinical contact
center modernization efforts to the Committees on
Appropriations within 180 days of enactment of this Act.
MEDICAL COMMUNITY CARE
The agreement provides $20,148,244,000 in advance fiscal
year 2022 funding for Medical Community Care, with
$2,000,000,000 available until September 30, 2023. The
agreement provides an additional $1,380,800,000 above the
fiscal year 2021 advance appropriation for the Medical
Community Care account.
Utilization of Community Care Benefits.--The Committees
remain concerned about the Department's inability to accurately
project Veterans' utilization of community care benefits. As
such, the Department is directed to provide information about
how they have complied with recommendations in GAO-20-669.
Further, the agreement directs the Department to provide
quarterly reports on the expenditures related to the MISSION
Act for fiscal years 2020 and 2021, as well as an estimate of
expenditures for each of the next five fiscal years. The
reports should include information regarding costs by budget
account and MISSION Act-affected community care, caregiver
expansion, urgent care and other MISSION Act initiatives, as
appropriate. The reports should include the number of veterans
served by each authority for care outlined in section 1703(d)
of title 38, United States Code, the cost of care broken out by
authorities in section 1703(d), and the timeliness of care, on
average.
The agreement further directs the Department to provide
monthly reports identifying available resources, obligations,
authorizations, and anticipated funding needs for the remainder
of the fiscal year. The report should include detailed
information on the timing of authorization of care and the
obligation of funds. It also should provide data broken out by
VISN on the number of referrals and completed appointments in-
house and in the community, including timeliness.
The Department has made significant progress on efforts to
eliminate the backlog of provider claims. In addition to the
direction in House Report 116-445, within 60 days of enactment
of this Act, the Department is directed to provide a plan to
fully eliminate the backlog in provider claims, including the
number of outstanding claims per state.
Recording of Obligations.--In fiscal year 2019, in
coordination with the Office of Management and Budget, VA began
to record obligations for community care at the time of payment
to providers, rather than the prior practice of obligating at
the time of authorization for care. This change in accounting
practice did not affect the cost or quality of care. Earlier
this year, VA determined its revised accounting practice was
not allowed under current law and legislative language was
required to continue the practice. In the absence of a
legislative remedy, VA indicated it must revert back to the
prior accounting practice, which would create a shortfall in
the Medical Community Care account and require additional
appropriations to maintain the Veterans Community Care program.
However, the Administration failed to request the legislative
remedy or funds to address this shortfall.
The agreement directs the Department to submit a report, no
later than 15 days after the date of enactment of this Act,
similar to the report required pursuant to 31 U.S.C. 1351,
detailing how, under the prior accounting practice, the
expenditures or obligations would have exceeded the amount
available in fiscal year 2019 and fiscal year 2020 in the
Medical Community Care appropriation. The report shall also
include a proposal to address the inconsistency with current
law and explain how the Department plans to avoid incurring
obligations for the Medical Community Care appropriation in
excess of its available budgetary resources in fiscal year 2021
and future fiscal years. This report should be completed in
consultation with the Office of Management and Budget and
provided to the Committees on Appropriations.
Access to Community Dental Care.--The Department is
directed to take actions necessary to increase the number of
dental care providers available to veterans in the community.
Support for State Veterans Homes.--The agreement directs
the Government Accountability Office (GAO) to conduct a review
of the relationship between the Department of Veterans Affairs
and State Veterans Homes. The review should include an
assessment of whether the current level of VA's support and
oversight is appropriate, the feasibility and advisability of
additional VA oversight of the day-to-day operations of State
Veterans Homes and the anticipated cost of any increased
oversight. The Committees encourage GAO to engage state
Veterans Affairs Agencies, state health regulatory agencies,
nursing home care experts, as well as other state and Federal
entities with expertise on the issues, in its review. The
Committees request a report with recommendations within one
year of the date of enactment of this Act.
Long-Term Care Requirements.--The Department is urged to
work with the Departments of Labor and Health and Human
Services to streamline Federal requirements pertaining to
veterans and skilled nursing facilities and remove any
unnecessary, duplicative requirements.
MEDICAL SUPPORT AND COMPLIANCE
The agreement provides $8,403,117,000 in advance for fiscal
year 2022 for Medical Support and Compliance, with $200,000,000
available through fiscal year 2023. The agreement provides an
additional $300,000,000 above the fiscal year 2021 advance
appropriation for the Medical Support and Compliance account.
High Reliability Organization.--The agreement does not
provide funding for the high reliability organization
initiative as requested in the budget request.
MEDICAL FACILITIES
The agreement provides $6,734,680,000 in advance for fiscal
year 2022 for Medical Facilities, of which $350,000,000 is made
available through fiscal year 2023. The agreement provides an
additional $150,000,000 above the fiscal year 2021 advance
appropriation for the Medical Facilities account.
The agreement provides $10,000,000 for women's health and
mental health non-recurring maintenance (NRM) projects, as
described in House Report 116-445. Within the mental health NRM
projects, the agreement directs VA to prioritize construction
to increase the number of beds available for overnight mental
health treatment for veterans. The agreement directs the
Department to submit an expenditure plan detailing how the
planned use of funds will meet the mental health and women's
health expansion initiatives no later than 90 days after
enactment of this Act.
Community-Based Outpatient Clinic in Bakersfield,
California.--The Committees remain concerned about the
continued delays in leasing a new community-based outpatient
clinic in Bakersfield and remind the Department of the strict
directions included in House Report 116-445.
VA Energy Savings Performance Contract.--The Department is
strongly encouraged to provide sufficient resources to run the
Energy Savings Performance Contract and Utility Energy Service
Contract programs effectively and efficiently to reduce energy
costs and improve facilities for veterans.
Rate of Return on Alternative Energy Investments.--The
Committees are concerned about VA's procurement of alternative
energy and the potential for the technology to be obsolete
before full return on investment is achieved. Therefore, the
agreement encourages the Secretary to assure that any new
alternative energy project has a return on investment in 10
years or less.
``Planning and Activating Community Based Outpatient
Clinics'' Handbook.--The Committees remind the Department of
the reporting requirement directed in Section 252 of Division F
of Public Law 116-94.
MEDICAL AND PROSTHETIC RESEARCH
The agreement provides $815,000,000 for Medical and
Prosthetic Research, available until September 30, 2022. Bill
language is included to ensure that the Secretary allocates
adequate funding for prosthetic research specifically for
female veterans and for toxic exposures.
Veteran Access to Clinical Trials and Medical Research.--As
part of the research best practices report required by House
Report 116-445, the Department shall include the following
information for each VAMC: the status of the Office of Research
and Development research authorization; staffing levels of VAMC
personnel administratively supporting the VAMC research program
and personnel conducting research; the number of veterans in
the service areas; a general characterization of VAMC service
area (e.g., urban, rural); the total annual appropriation of
intramural and extramural research funds; the annual
distribution of Veterans Equitable Resource Allocation (VERA)
research funds; a VERA per veteran metric; the number of
Veterans participating in VA funded clinical trials; and the
number of active clinical trials conducted.
Neural-Enabled Prosthetics.--The Committees understand the
uniqueness of limb trauma injuries sustained by servicemembers
in combat and support additional research in this area.
Traumatic injury or neurological diseases can also
significantly alter or impair the lifestyle of the individual
and their caregivers. In lieu of the directive in House Report
116-445, the agreement directs VA to continue its efforts to
fund and conduct research that will design and develop
technology to offset the effects of limb amputation, orthopedic
injury and disease, neuropathic pain, and other
neurodegenerative diseases by partnering with colleges and
universities that specialize in these fields. As the Department
continues to expand an innovative program of neuroprosthetics
research, the agreement directs the Department to provide a
report within 180 days of enactment of this Act to the
Committees on Appropriations on its efforts and how it will
continue to expand this research.
Spinal Cord Research.--The Committees recognize the
severity of spinal cord injuries sustained by servicemembers in
combat and supports additional research in this area. The
Department is encouraged to work with outside organizations on
spinal cord injury translational research to improve the
quality of life of impaired and disabled Veterans. Additional
investment in spinal cord research could yield a long-term cost
savings to VA through reduced healthcare costs and restore
functional recovery to paralyzed veterans. In lieu of the
directive in House Report 116-445, the agreement directs the
Department to provide a report within 180 days of enactment of
this Act to the Committees on Appropriations on its efforts to
expand this research and opportunities to work with outside
organizations.
Enewetak Atoll Registry Research.--The agreement urges the
Department to study whether there is a connection between
certain illnesses and the potential exposure of individuals to
radiation related to service at Enewetak Atoll between January
1, 1977, and December 31, 1980.
Karshi-Khanabad Toxic Exposure Study.--The Committees are
aware that veterans who served at the Karshi-Khanabad (K2)
Airbase in Uzbekistan may be reporting unusually high incidents
of rare cancers. The agreement supports additional analysis and
research on the linkage between health effects and service at
K2. VA is encouraged to work with the Agency for Toxic
Substances and Disease Registry and DOD to collect data,
research, and analyze any causation or correlation between
exposure to toxicants at K2 and cancer or other diseases or
illnesses experienced by veterans who served at K2 between
October 7, 2001 and November 21, 2005.
Gulf War Illnesses.--The agreement directs the Department
to submit a report to the Committees on Appropriations no later
than 180 days after enactment of this Act on the progress of
research related to the incidence and prevalence of brain
cancer in Gulf War veterans, and any research related to
respiratory illnesses experienced by veterans who served in the
Persian Gulf, Iraq and Afghanistan.
Canine Research.--The agreement maintains the
Administrative Provision included in Public Law 116-94 related
to VA animal research. The Department is directed to provide to
the Committees, within 180 days of enactment of this Act, a
report outlining their efforts to address each of the
recommendations in the National Academies of Sciences,
Engineering, and Medicine report on the Necessity, Use, and
Care of Laboratory Dogs at the U.S. Department of Veterans
Affairs.
National Cemetery Administration
The agreement provides $352,000,000 for the National
Cemetery Administration (NCA). Of the amount provided, up to 10
percent is available until September 30, 2022. The appropriated
funding for NCA should be used to maintain existing cemeteries
and to activate newly completed cemeteries.
Prisoners of War Headstones.--The Committees emphasize the
presence of headstones of prisoners of war in Fort Sam Houston
National Cemetery and Fort Douglas National Cemetery that
feature swastikas and inscriptions honoring Adolf Hitler is
extremely disturbing and note the Department has agreed to take
immediate steps to swiftly replace these headstones with ones
that do not feature Nazi insignia or inscriptions glorifying
the Nazi regime. While the Department has initiated a
consultation process under the National Historic Preservation
Act, the agreement makes clear that this process should not
unnecessarily delay the replacement of these headstones. As
directed in House Report 116-445, VA is required to provide
monthly reports on the status of the consultation process and
the timeline for removal of these headstones to the Committees
on Appropriations. The agreement further directs the Department
to carefully craft the design and wording of planned signage
for the gravesites of prisoners of war buried in U.S.
cemeteries. It should provide the appropriate historical
context but be sensitive to those most affected by it. The
agreement therefore continues to direct VA to include details
on its proposal to provide historical context for headstones of
prisoners of war in its reports to the Committees on
Appropriations.
Rural Cemeteries.--To improve access to cemeteries in rural
areas, VA is directed to continue efforts to ensure that a
burial option, including those utilizing public-private
partnerships, within 75 miles of all Veteran homes is available
and accessible. NCA Rural Initiative cemeteries help to support
this goal. VA is directed to assess the potential for permanent
infrastructure enhancements (e.g., wind screens, restrooms,
storage facilities) at each Rural Initiative national cemetery
site, based on location-specific needs, and provide a report to
the Committees on Appropriations on the findings of this
assessment no later than 180 days after enactment of this Act.
VA is encouraged to enter into state, local or private
partnerships to address the need for additional land and/or
infrastructure to support and improve cemetery operations and
committal services at Rural Initiative national cemeteries, as
appropriate.
Western New York Cemetery.--In fiscal year 2020, Congress
appropriated the additional $10,000,000 requested by VA in
order to complete delivery of the full scope of the Western New
York National Cemetery as described in the fiscal year 2017
budget proposal, including a columbarium and burial sites, a
permanent Honor Guard building, two permanent committal
shelters, a permanent maintenance complex, Memorial walls, a
Memorial walkway, a completed loop road and roadways,
utilities, and fencing/landscaping. As Congress has provided
the funding requested by VA to complete this project as
described, VA is expected to deliver the full scope.
Departmental Administration
GENERAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $365,911,000 for General
Administration. Of the amount provided, up to 10 percent is
available for obligation until September 30, 2022. The
agreement continues to include bill language permitting the
transfer of funds from this account to General Operating
Expenses, Veterans Benefits Administration.
Financial Management Business Transformation (FMBT).--The
agreement provides $13,924,000 for FMBT.
Emergency Preparedness.--The Department is directed to
examine its emergency preparedness and response procedures,
including the effectiveness of the VHA Office of Emergency
Management, any vulnerabilities of its supply chain, and the
operation and management of the VA All-Hazards Emergency Cache
program. The report should include recommended additions or
changes to the legislative authorities to improve VA's response
capabilities for global pandemics. The Department should
provide a report on its findings to the Committees on
Appropriations no later than 180 days after enactment of this
Act.
Lobbying Congress.--The agreement reminds the Department
that lobbying Congress in support of legislation developed by
VA, and not at the request for technical assistance from
Congress, is not an appropriate use of taxpayer resources.
The agreement provides funding for General Administration
in the amounts specified below:
($ in thousands)
------------------------------------------------------------------------
Office Amount
------------------------------------------------------------------------
Office of the Secretary................................. $15,500
Office of General Counsel............................... 117,000
Office of Management.................................... 64,407
Office of Human Resources & Administration/Operations, 97,132
Security & Preparedness................................
Office of Enterprise Integration........................ 28,652
Office of Public and Intergovernmental Affairs.......... 13,500
Office of Congressional & Legislative Affairs........... 7,000
Office of Veterans Experience........................... 0
Office of Accountability & Whistleblower Protection..... 22,720
Total................................................. $365,911
------------------------------------------------------------------------
The Secretary may alter these allocations if the Committees
have been notified and written approval is provided.
Veterans Experience Office.--The agreement provides that
the Office continue to be funded through reimbursable
agreements.
BOARD OF VETERANS APPEALS
The agreement provides $196,000,000 for the Board of
Veterans Appeals, of which up to 10 percent shall remain
available until September 30, 2022.
INFORMATION TECHNOLOGY SYSTEMS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $4,912,000,000 for the Information
Technology (IT) Systems account. The agreement includes
$1,211,238,000 for staff salaries and expenses, $3,205,216,000
for operation and maintenance of existing programs, and
$495,546,000 for program development.
The agreement makes no more than 3 percent of pay and
associated costs funding available until the end of fiscal year
2022; no more than 5 percent of operations and maintenance
funding available until the end of fiscal year 2022, and all IT
systems development funding available until the end of fiscal
year 2022.
The agreement continues language permitting funding to be
transferred among the three IT subaccounts, subject to approval
from the Committees.
The agreement continues language providing that funding may
be transferred among development projects or to new projects
subject to the Committees' approval.
The agreement continues language indicating that no
development project may be increased or decreased by more than
$1,000,000 prior to receiving approval of the Committees or
after a period of 30 days has elapsed.
FMBT.--The agreement provides $111,060,000 for FMBT
initiatives funded from this account.
Improved Digital Service Delivery.--The Department is
directed to provide a report no later than 180 days after
enactment of this Act with an update on the implementation of
the 21st Century IDEA (P.L. 115-336) requirements.
Release of Names and Addresses.--The agreement directs the
Department to provide a report within 60 days of enactment of
this Act on the stability and security of VA's existing
mainframe computer systems and estimated costs and benefits of
upgrading them, as directed in House Report 116-445.
Digital Protection Pilot Program.--In lieu of the direction
provided in House Report 116-445, the agreement provides up to
$5,000,000 for this initiative.
IT Systems Congressional Justification.--The Department is
directed to improve the type, quality, and organization of
information in the IT budget submission starting with the
fiscal year 2022 request. The fiscal year 2022 request also
should include a section detailing every existing IT project
that is funded and every project awaiting funding, in ranked
order.
Transforming Business Systems.--VHA, in conjunction with
VA's Offices of Acquisition, Logistics, and Construction, and
Information and Technology, is directed to provide the
following Veterans Affairs Logistic Redesign program
information to the Committees on Appropriations and Veterans'
Affairs of both Houses of Congress within 90 days of the
passage of this Act: (1) a project management plan, including a
description of the project's scope; (2) lifecycle cost
estimate; (3) integrated master schedule; (4) functional
requirements and quality metrics; and (5) discussion of risks.
VA is also directed to provide quarterly updates to the
Committees on the project's progress relative to its scope,
cost, schedule and quality baselines.
This table is intended to serve as the Department's
approved list of development projects; as noted above, any
requested changes exceeding $1,000,000 to a project are subject
to reprogramming requirements.
INFORMATION TECHNOLOGY DEVELOPMENT PROJECTS
($ in thousands)
------------------------------------------------------------------------
Project Agreement
------------------------------------------------------------------------
Clinical Applications................................... $95,763
Supply Chain Management............................... 67,120
Healthcare Administration Systems..................... 11,160
Health Data Interoperability.......................... 8,423
My HealtheVet......................................... 3,200
Research.............................................. 3,120
Beneficiary Travel.................................... 2,540
Registries............................................ 200
Health Management Platform.............................. 63,827
Community Care........................................ 21,190
Pharmacy.............................................. 11,010
Digital Health Platform............................... 9,867
Purchased Care........................................ 8,410
Patient Record System................................. 7,750
Telehealth Services................................... 5,600
Benefits Systems........................................ 160,216
Veterans Customer Experience.......................... 66,296
Veterans Benefits Management.......................... 39,230
Colmery Act........................................... 27,230
Benefits Systems...................................... 20,630
Benefits Appeals...................................... 6,000
Other Benefits IT Systems............................. 830
Memorial Affairs........................................ 15,130
Memorial Automation................................... 15,130
Other IT Systems........................................ 114,550
Financial and Acquisition Management Modernization.... 93,070
Human Resources....................................... 13,980
General Counsel....................................... 4,000
Other Corporate IT Systems............................ 3,500
Cyber Security.......................................... 11,380
Cyber Security........................................ 11,380
Information/Infrastructure Management................... 34,680
Data Integration and Management....................... 34,680
---------------
Total, all development.............................. $495,546
------------------------------------------------------------------------
VETERANS ELECTRONIC HEALTH RECORD
The agreement provides $2,627,000,000 for Veterans
Electronic Health Record for activities related to the
development and rollout of VA's Electronic Health Record
Modernization (EHRM) initiative, the associated contractual
costs, and the salaries and expenses of employees hired under
titles 5 and 38, United States Code.
Furthermore, the agreement makes 25 percent of the funds
contingent upon the Secretary certifying in writing any changes
to the deployment schedule to the Committees on Appropriations
of both Houses of Congress within seven days prior to July 1,
2021.
Status Updates.--The agreement directs the Department to
provide a status update to the Committees describing how the
deployment complies with the requirements of VA's Master Test
Plan, especially with regard to the status of test findings,
prior to the deployment of the electronic health record at any
new site.
EHRM Initiative.--The agreement includes a substantial
increase of $1,127,000,000 for the EHRM initiative to support
the expanded effort of deploying the system at multiple
facilities in fiscal year 2021. While the Committees remain
supportive of the EHRM initiative, as with any acquisition of
this size and magnitude, there are implementation concerns,
including maintaining budget, scope, implementation and
deployment schedules, security, reporting, and
interoperability. As such, the agreement directs the Secretary
to continue to provide quarterly reporting of obligations,
expenditures, and deployment implementation by facility.
Additionally, the agreement directs the Department to provide
updates on plans and efforts to integrate community care
providers into the system. Such updates should be submitted
concurrently with the quarterly reports. Moreover, the
agreement directs the Department to continue quarterly
briefings on performance milestones, costs, and progress
towards or changes to implementation and management plans, and
directs the Department to provide an accurate up-to-date
deployment schedule with each quarterly briefing. Should there
be any deviation from the deployment schedule, the agreement
directs the Department to formally submit in writing a proposed
updated deployment schedule within seven days of notification
of any potential change, and prior to implementation of the
updated deployment schedule, to the Committees. The Secretary
is not provided transfer authority and is directed to continue
using this account as the sole source of funding within the
Department for EHRM. Further, the agreement continues to direct
the Secretary to manage EHRM at the headquarters level in the
Office of the Deputy Secretary.
Government Accountability Office (GAO) Review.--The
agreement continues the fiscal year 2018 directive to GAO to
conduct quarterly performance reviews of EHRM deployment and to
report to the Committees on Appropriations each quarter.
VA/DOD Interoperability.--The Committees are pleased that
the Joint Federal Electronic Health Record Modernization
Program Office has been established and its leadership
positions filled.
Staffing Levels.--The Committees are concerned that
staffing levels are inadequate at facilities where the
electronic health record is set to deploy. Therefore, the
Department is directed to submit a detailed plan to the
Committees no later than 180 days after enactment of this Act
to describe how they are ensuring each VHA facility has
adequate staffing to meet veteran care needs during the go-live
period of each site.
Enterprise-wide Planning.--Within nine months of enactment
of this Act, the agreement directs VA to provide the Committees
a report detailing the remaining VHA, Veterans EHR, and if
relevant, Information Technology Systems account funding that
will be required to fulfill the EHRM infrastructure needs
through the end of nationwide deployment as well as a schedule
for the execution of supporting infrastructure projects. The
information in this report should be broken down on a facility-
by-facility basis, even if based on preliminary estimates.
OFFICE OF INSPECTOR GENERAL
The agreement provides $228,000,000 for the Office of
Inspector General. Of the amount provided, up to 10 percent is
available for obligation until September 30, 2022.
VHA Staffing Model.--The agreement directs the Office of
Inspector General to review VHA's progress in developing its
comprehensive staffing model, including the timeline for
implementation.
CONSTRUCTION, MAJOR PROJECTS
The agreement provides $1,316,000,000 for Construction,
Major Projects. The agreement makes this funding available for
five years, except that $335,362,000 is made available until
expended, of which $180,198,000 shall be available for seismic
improvement projects.
Reuse of Former Departmental Land.--When Department
property is transferred to state, local, or other entities, VA
should make reasonable efforts to prepare the property so that
local communities can reuse such property without an
unreasonable financial burden being placed on local taxpayers.
The Department is encouraged to use existing resources to
properly prepare VA land slated for disposal, including through
the demolition of buildings that have exceeded their service
life and are unsafe.
The agreement funds the following items requested in the
budget submission:
CONSTRUCTION, MAJOR PROJECTS
($ in thousands)
------------------------------------------------------------------------
Location and description Amount
------------------------------------------------------------------------
Veterans Health Administration (VHA):
American Lake, WA: New Specialty Care Building 201......... $94,340
Long Beach, CA: Mental Health & Community Living Center.... 50,000
Canandaigua, NY: Construction & Renovation................. 30,000
Alameda, CA: Community Based Outpatient Clinic & National 152,868
Cemetery..................................................
San Diego, CA: SCI & Seismic Building 11................... 21,260
Livermore, CA: Realignment and Closure of the Livermore 143,270
Campus....................................................
Dallas, TX: Spinal Cord Injury............................. 78,500
Tulsa, OK: Inpatient Facility.............................. 120,000
Advance Planning and Design Fund: Various Stations......... 117,781
Asbestos: Various Stations................................. 15,000
Major Construction Staff: Various Stations................. 102,719
Hazardous Waste: Various Stations.......................... 2,000
Judgment Fund: Various Stations............................ 25,000
Non-Dept. Fed. Entity Project Management Support: Various 79,350
Stations..................................................
Seismic Corrections: Various Stations...................... 180,198
------------
Subtotal, VHA............................................ $1,212,286
============
National Cemetery Administration (NCA):
San Antonio, TX: Ft. Sam Houston Expansion............. 56,000
San Diego, CA: Miramar Phase 2 Expansion............... 31,000
Advance Planning and Design Fund....................... 2,000
NCA Land Acquisition................................... 5,000
------------
Subtotal, NCA...................................... $94,000
============
General Admin: Staff Offices Advance Planning Fund......... 9,714
Major Construction, Total................................ $1,316,000
------------------------------------------------------------------------
CONSTRUCTION, MINOR PROJECTS
The agreement provides $390,000,000 for Construction, Minor
Projects. The agreement makes this funding available for five
years. The agreement includes $233,995,000 for the Veterans
Health Administration, $86,030,000 for the National Cemetery
Administration, $26,475,000 for the Veterans Benefits
Administration, and $43,500,000 for staff offices and the
Office of Information and Technology.
The Department is directed to provide an expenditure plan
to the Committees on Appropriations no later than 30 days after
enactment of this Act for the amount appropriated for minor
construction.
Permanent Residential Rehabilitation Treatment Unit.--The
agreement recognizes the importance of long-term beds for
veterans suffering from substance use disorders, particularly
in rural areas. The Veterans Integrated Service Network 1
proposed to construct a 24-bed facility at Togus VA Medical
Center based upon the results of a critical needs analysis and
market assessment. The Department is urged to quickly evaluate
this request to ensure veterans are able to receive adequate
mental health and substance use treatment.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
The agreement provides $90,000,000 for Grants for
Construction of State Extended Care Facilities, to remain
available until expended.
GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES
The agreement provides $45,000,000 for Grants for
Construction of Veterans Cemeteries, to remain available until
expended.
Administrative Provisions
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)
The agreement includes section 201 allowing for the
transfer of funds among the three mandatory accounts.
The agreement includes section 202 allowing for the
transfer of funds among the four medical accounts.
The agreement includes section 203 allowing salaries and
expenses funds to be used for the hire of passenger vehicles,
lease of facilities or land, and purchase of uniforms.
The agreement includes section 204 restricting the accounts
that may be used for the acquisition of land or the
construction of any new hospital or home.
The agreement includes section 205 limiting the use of
funds in the Medical Services account only for entitled
beneficiaries unless reimbursement is made to the Department.
The agreement includes section 206 allowing for the use of
certain mandatory appropriations accounts for payment of prior
year accrued obligations for those accounts.
The agreement includes section 207 allowing the use of
appropriations available in this title to pay prior year
obligations.
The agreement includes section 208 allowing the Department
to use surplus earnings from the National Service Life
Insurance Fund, the Veterans' Special Life Insurance Fund, and
the United States Government Life Insurance Fund to administer
these programs.
The agreement includes section 209 allowing the Department
to cover the administrative expenses of enhanced-use leases and
provides authority to obligate these reimbursements in the year
in which the proceeds are received.
The agreement includes section 210 limiting the amount of
reimbursement the Office of Resolution Management, the Office
of Employment Discrimination Complaint Adjudication, and the
Office of Diversity and Inclusion can charge other offices of
the Department for services provided.
The agreement includes section 211 requiring the Department
to collect third-party payer information for persons treated
for a non-service-connected disability.
The agreement includes section 212 allowing for the use of
enhanced-use leasing revenues for Construction, Major Projects
and Construction, Minor Projects.
The agreement includes section 213 outlining authorized
uses for Medical Services funds.
The agreement includes section 214 allowing for funds
deposited into the Medical Care Collections Fund to be
transferred to the Medical Services and Medical Community Care
accounts.
The agreement includes section 215 which allows Alaskan
veterans to use medical facilities of the Indian Health Service
or tribal organizations.
The agreement includes section 216 permitting the transfer
of funds from the Department of Veterans Affairs Capital Asset
Fund to the Construction, Major Projects and Construction,
Minor Projects accounts and makes those funds available until
expended.
The agreement includes section 217 requiring the Secretary
to submit financial status quarterly reports for each of the
Administrations in the Department. The specific data requested
is similar to that requested in the fiscal year 2017 conference
report.
The agreement includes section 218 requiring the Department
to notify and receive approval from the Committees of any
proposed transfer of funding to or from the Information
Technology Systems account and limits the aggregate annual
increase in the account to no more than 10 percent of the
funding appropriated to the account in this Act.
The agreement includes section 219 providing up to
$322,932,000 of specified fiscal year 2021 funds for transfer
to the Joint DOD-VA Medical Facility Demonstration Fund.
The agreement includes section 220 which permits up to
$327,126,000 of specified fiscal year 2022 medical care funding
provided in advance to be transferred to the Joint DOD-VA
Medical Facility Demonstration Fund.
The agreement includes section 221 which authorizes
transfers from the Medical Care Collections Fund to the Joint
DOD-VA Medical Facility Demonstration Fund.
The agreement includes section 222 which transfers at least
$15,000,000 from VA medical accounts to the DOD-VA Health Care
Sharing Incentive Fund.
The agreement includes section 223 prohibiting funds from
being used to replace the current system by which VISNs select
and contract for diabetes monitoring supplies and equipment.
The agreement includes section 224 requiring that the
Department notify the Committees of bid savings in a major
construction project of at least $5,000,000, or 5 percent,
whichever is less, 14 days prior to the obligation of the bid
savings and describe their anticipated use.
The agreement includes section 225 which prohibits VA from
increasing the scope of work for a major construction project
above the scope specified in the original budget request unless
the Secretary receives approval from the Committees.
The agreement includes section 226 requiring a quarterly
report from each VBA regional office on pending disability
claims, both initial and supplemental; error rates; the number
of claims processing personnel; corrective actions taken;
training programs; and review team audit results. It also
requires a quarterly report on the number of appeals pending at
the Veterans Benefits Administration and the Board of Veterans
Appeals.
The agreement includes section 227 requiring VA to notify
the Committees 15 days prior to any staff office relocations
within VA of 25 or more full-time-equivalent staff.
The agreement includes section 228 requiring the Secretary
to report to the Committees each quarter about any single
national outreach and awareness marketing campaign exceeding
$1,000,000.
The agreement includes section 229 permitting the transfer
to the Medical Services account of fiscal year discretionary
2021 funds appropriated in this Act or available from advance
fiscal year 2021 funds already appropriated, except for funds
appropriated to General Operating Expenses, VBA, to address
possible unmet, high priority needs in Medical Services, upon
approval of the Committees.
The agreement includes section 230 permitting the transfer
of funding between the General Operating Expenses, Veterans
Benefits Administration account and the Board of Veterans
Appeals account upon approval of the Committees.
The agreement includes section 231 prohibiting the
Secretary from reprogramming funds in excess of $7,000,000
among major construction projects or programs unless the
reprogramming is approved by the Committees.
The agreement includes section 232 mandating certain
professional standards for the veterans crisis hotline and
requiring a study to assess its effectiveness.
The agreement includes section 233 prohibiting the use of
funds, from the period October 1, 2018 through January 1, 2024,
in contravention of VHA's May 10, 2017 guidelines on breast
cancer screening.
The agreement includes section 234 addressing the use of
funding for assisted reproductive technology treatment and
adoption reimbursement.
The agreement includes section 235 prohibiting any funds
from being used in a manner that is inconsistent with statutory
limitations on outsourcing.
The agreement includes section 236 pertaining to exceptions
for Indian- or Native Hawaiian-owned businesses contracting
with VA.
The agreement includes section 237 directing the
elimination over a series of years of the use of social
security numbers in VA programs.
The agreement includes section 238 referencing the
provision in the 2017 Appropriations Act pertaining to
certification of marriage and family therapists.
The agreement includes section 239, which prohibits funds
from being used to transfer funding from the Filipino Veterans
Equity Compensation Fund to any other VA account.
The agreement includes section 240 permitting funding to be
used in fiscal years 2021 and 2022 to carry out and expand the
child care pilot program authorized by section 205 of Public
Law 111-163.
The agreement includes section 241 prohibiting VA from
using funds to enter into an agreement to resolve a dispute or
claim with an individual that would restrict the individual
from speaking to Members of Congress or their staff on any
topic, except those required to be kept secret in the interest
of national defense or the conduct of foreign affairs.
The agreement includes section 242 referencing language in
the 2017 Appropriations Act requiring certain data to be
included in budget justifications for major construction
projects.
The agreement includes section 243 prohibiting the use of
funds to deny the Inspector General timely access to
information, unless a provision of law expressly refers to the
Inspector General and expressly limits such access.
The agreement includes section 244 prohibiting funding from
being used in a manner that would increase wait times for
veterans at medical facilities.
The agreement includes section 245 prohibiting the use of
funds in fiscal year 2021 to convert any program which received
specific purpose funds in fiscal year 2020 to a general
purpose-funded program without the approval of the Committees
on Appropriations of both Houses of Congress at least 30 days
prior to any such action.
The agreement includes section 246 referencing language in
the 2017 Appropriations Act regarding the verification of
service for coastwise merchant seamen.
The agreement includes section 247 addressing animal
research at the Department of Veterans Affairs.
The agreement includes section 248 requiring the ratio of
veterans to full-time employment equivalents in any
rehabilitation program not to exceed 125 veterans to one full-
time employment equivalent.
The agreement includes section 249 prohibiting the closure
of the CBOC in Bainbridge, New York until the Secretary submits
a completed market area assessment to the Committees on
Appropriations of both Houses of Congress.
The agreement includes section 250 to allow fiscal year
2021 and 2022 ``Medical Community Care'' funds to be used to
cover obligations that otherwise would be paid by the Veterans
Choice Fund, if necessary.
The agreement includes section 251 allowing obligations and
expenditures applicable to the ``Medical Services'' account in
fiscal years 2017 through 2019 for aid to state homes to remain
in the ``Medical Community Care'' account.
The agreement includes section 252 specifying an amount
from the four medical care accounts for gender-specific care
for women.
The agreement includes section 253 directing VA to submit a
plan to reduce the chances that clinical mistakes by VA
employees will result in adverse events that require
institutional or clinical disclosures.
The agreement includes section 254 rescinding unobligated
balances.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
SALARIES AND EXPENSES
The agreement provides $84,100,000 for Salaries and
Expenses of the American Battle Monuments Commission (ABMC), an
increase of $9,000,000 above the budget request to support
ABMC's maintenance and infrastructure program, including the
interpretive program. The additional funds will allow ABMC to
not only maintain the cemeteries and monuments honoring
America's war dead, but also to preserve and communicate these
veterans' stories of courage and sacrifice.
American Battle Monuments Commission.--In P.L. 115-244,
Congress provided additional funding to ABMC to address
priority infrastructure projects, which was allocated in part
towards the construction of the Honolulu interpretive center at
the National Memorial Cemetery of the Pacific. ABMC has
completed the draft report on its study of three potential
sites for the interpretive center and is awaiting stakeholder
feedback, including from the National Cemetery Administration.
The agreement urges ABMC to provide its final report to
Congress by the end of the calendar year.
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT
The agreement provides such sums as necessary for the
Foreign Currency Fluctuations Account.
United States Court of Appeals for Veterans Claims
SALARIES AND EXPENSES
The agreement provides $37,100,000 for Salaries and
Expenses for the United States Court of Appeals for Veterans
Claims.
Department of Defense--Civil
Cemeterial Expenses, Army
SALARIES AND EXPENSES
The agreement provides $81,815,000 for Cemeterial Expenses,
Army--Salaries and Expenses. This amount is $1,015,000 above
the fiscal year 2020 enacted level and $11,015,000 above the
budget request. Within that amount, up to $15,000,000 in
funding is available until September 30, 2023.
The agreement reiterates that it is unacceptable that
Arlington National Cemetery's budget requests are continually
inadequate to maintain the current level of services. Budget
requests that do not reflect real needs are having a
deleterious effect on the Cemetery's performance and ability to
meet its mission. The Cemetery cannot be under-resourced, and
accordingly, the agreement provides an increase in funds over
the budget request to correct this deficiency.
This agreement reflects unwavering support for the Cemetery
and the successful completion of the Cemetery's truly unique
and honored mission. Accordingly, the Secretary of the Army is
again directed to include this increase in the Cemetery's
baseline budget and ensure future budget requests provide ample
resources for the Cemetery, including funding to complete the
planned Southern Expansion and ensure that the life of our
Nation's most prestigious cemetery is extended into the 2050
timeframe.
Armed Forces Retirement Home
TRUST FUND
The agreement provides a total of $75,300,000 for the Armed
Forces Retirement Home (AFRH), equal to the fiscal year 2020
enacted level and an increase of $5,000,000 above the budget
request. The increase is intended to support high-priority
capital projects, particularly those currently under design, as
well as operations and maintenance requirements. The agreement
requires AFRH to provide an expenditure plan detailing the
planned use of the funds provided for capital projects, as
directed in House Report 116-445. The agreement also includes
two-year availability of funds for operations and maintenance.
Administrative Provision
The agreement includes section 301 allowing Arlington
National Cemetery to deposit and use funds derived from
concessions.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
The agreement includes title IV, Overseas Contingency
Operations, for military construction projects related to the
Global War on Terrorism and the European Deterrence/Reassurance
Initiative.
Military Construction, Army
The agreement includes $16,111,000 for ``Military
Construction, Army'', for planning and design and construction
in support of Overseas Contingency Operations and the European
Deterrence/Reassurance Initiative.
Military Construction, Navy and Marine Corps
The agreement includes $70,020,000 for ``Military
Construction, Navy and Marine Corps'', for planning and design
and construction in support of Overseas Contingency Operations
and the European Deterrence/Reassurance Initiative.
Military Construction, Air Force
The agreement includes $263,869,000 for ``Military
Construction, Air Force'', for planning and design and
construction in support of Overseas Contingency Operations and
the European Deterrence/Reassurance Initiative.
Administrative Provision
The agreement includes section 401 which requires the
Department of Defense to provide a future year defense program
for European Deterrence/Reassurance Initiative to the
congressional defense committees.
TITLE V
GENERAL PROVISIONS
The agreement includes section 501 prohibiting the
obligation of funds in this Act beyond the current fiscal year
unless expressly so provided.
The agreement includes section 502 prohibiting the use of
the funds in this Act for programs, projects, or activities not
in compliance with Federal law relating to risk assessment, the
protection of private property rights, or unfunded mandates.
The agreement includes section 503 encouraging all
Departments to expand their use of ``E-Commerce.''
The agreement includes section 504 specifying the
congressional committees that are to receive all reports and
notifications.
The agreement includes section 505 prohibiting the transfer
of funds to any instrumentality of the United States Government
without authority from an appropriations Act.
The agreement includes section 506 prohibiting the use of
funds for a project or program named for a serving Member,
Delegate, or Resident Commissioner of the United States House
of Representatives.
The agreement includes section 507 requiring all reports
submitted to Congress to be posted on official web sites of the
submitting agency.
The agreement includes section 508 prohibiting the use of
funds to establish or maintain a computer network unless such
network blocks the viewing, downloading, and exchanging of
pornography, except for law enforcement investigation,
prosecution, or adjudication activities.
The agreement includes section 509 prohibiting the use of
funds for the payment of first-class air travel by an employee
of the executive branch.
The agreement includes section 510 prohibiting the use of
funds in this Act for any contract where the contractor has not
complied with E-Verify requirements.
The agreement includes section 511 prohibiting the use of
funds in this Act to construct facilities on military
installations that do not meet resiliency standards.
The agreement includes section 512 prohibiting the use of
funds in this Act for the renovation, expansion, or
construction of any facility in the continental United States
for the purpose of housing any individual who has been detained
at the United States Naval Station, Guantanamo Bay, Cuba.
The agreement includes section 513 enabling VA to more
effectively award emergency funding for Grants for Construction
of State Extended Care Facilities.
The agreement includes section 514 providing transfer
authority for VA to address backlogs of Veterans claims,
appeals, and memorial ceremonies.
The agreement includes section 515 providing transfer
authority for improvements to VA's education benefits
processing system.
The agreement includes section 516 amending the maximum
rate for certain per diem payments.
The agreement includes section 517 allocating additional
resources for State Veterans Homes to support the covid-19
response.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2021
(H.R. 133; P.L. 116-260)
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2021
=======================================================================
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2021
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
Department of State
Administration of Foreign Affairs
diplomatic programs
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, $9,170,013,000, of
which $757,367,000 may remain available until September 30,
2022, and of which up to $4,120,899,000 may remain available
until expended for Worldwide Security Protection: Provided,
That of the amount made available under this heading for
Worldwide Security Protection, $2,226,122,000 is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided
further, That funds made available under this heading shall be
allocated in accordance with paragraphs (1) through (4) as
follows:
(1) Human resources.--For necessary expenses for
training, human resources management, and salaries,
including employment without regard to civil service
and classification laws of persons on a temporary basis
(not to exceed $700,000), as authorized by section 801
of the United States Information and Educational
Exchange Act of 1948 (62 Stat. 11; Chapter 36),
$2,990,820,000, of which up to $534,782,000 is for
Worldwide Security Protection.
(2) Overseas programs.--For necessary expenses for
the regional bureaus of the Department of State and
overseas activities as authorized by law,
$1,808,415,000.
(3) Diplomatic policy and support.--For necessary
expenses for the functional bureaus of the Department
of State, including representation to certain
international organizations in which the United States
participates pursuant to treaties ratified pursuant to
the advice and consent of the Senate or specific Acts
of Congress, general administration, and arms control,
nonproliferation, and disarmament activities as
authorized, $763,428,000.
(4) Security programs.--For necessary expenses for
security activities, $3,607,350,000, of which up to
$3,586,117,000 is for Worldwide Security Protection.
(5) Fees and payments collected.--In addition to
amounts otherwise made available under this heading--
(A) as authorized by section 810 of the
United States Information and Educational
Exchange Act, not to exceed $5,000,000, to
remain available until expended, may be
credited to this appropriation from fees or
other payments received from English teaching,
library, motion pictures, and publication
programs and from fees from educational
advising and counseling and exchange visitor
programs; and
(B) not to exceed $15,000, which shall be
derived from reimbursements, surcharges, and
fees for use of Blair House facilities.
(6) Transfer of funds, reprogramming, and other
matters.--
(A) Notwithstanding any other provision of
this Act, funds may be reprogrammed within and
between paragraphs (1) through (4) under this
heading subject to section 7015 of this Act.
(B) Of the amount made available under this
heading for Worldwide Security Protection, not
to exceed $50,000,000 may be transferred to,
and merged with, funds made available by this
Act under the heading ``Emergencies in the
Diplomatic and Consular Service'', to be
available only for emergency evacuations and
rewards, as authorized: Provided, That the
exercise of the authority provided by this
subparagraph shall be subject to prior
consultation with the Committees on
Appropriations.
(C) Funds appropriated under this heading are
available for acquisition by exchange or
purchase of passenger motor vehicles as
authorized by law and, pursuant to section
1108(g) of title 31, United States Code, for
the field examination of programs and
activities in the United States funded from any
account contained in this title.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $250,000,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$90,829,000, of which $13,624,000 may remain available until
September 30, 2022: Provided, That funds appropriated under
this heading are made available notwithstanding section
209(a)(1) of the Foreign Service Act of 1980 (22 U.S.C.
3929(a)(1)), as it relates to post inspections.
In addition, for the Special Inspector General for
Afghanistan Reconstruction (SIGAR) for reconstruction
oversight, $54,900,000, to remain available until September 30,
2022, which is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided, That funds appropriated
under this heading that are made available for the printing and
reproduction costs of SIGAR shall not exceed amounts for such
costs during the prior fiscal year.
educational and cultural exchange programs
For necessary expenses of educational and cultural exchange
programs, as authorized, $740,300,000, to remain available
until expended, of which not less than $274,000,000 shall be
for the Fulbright Program and not less than $113,860,000 shall
be for Citizen Exchange Program: Provided, That fees or other
payments received from, or in connection with, English
teaching, educational advising and counseling programs, and
exchange visitor programs as authorized may be credited to this
account, to remain available until expended: Provided further,
That a portion of the Fulbright awards from the Eurasia and
Central Asia regions shall be designated as Edmund S. Muskie
Fellowships, following consultation with the Committees on
Appropriations: Provided further, That funds appropriated
under this heading that are made available for the Benjamin
Gilman International Scholarships Program shall also be made
available for the John S. McCain Scholars Program, pursuant to
section 7075 of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2019 (division F of
Public Law 116-6): Provided further, That funds appropriated
under this heading shall be made available for the Community
Engagement Exchange Program as described under the heading
``Civil Society Exchange Program'' in Senate Report 116-126:
Provided further, That any substantive modifications from the
prior fiscal year to programs funded by this Act under this
heading shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations.
representation expenses
For representation expenses as authorized, $7,415,000.
protection of foreign missions and officials
For necessary expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services, as authorized, $30,890,000, to remain available until
September 30, 2022.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving,
maintaining, repairing, and planning for real property that are
owned or leased by the Department of State, and renovating, in
addition to funds otherwise available, the Harry S Truman
Building, $769,055,000, to remain available until September 30,
2025, of which not to exceed $25,000 may be used for overseas
representation expenses as authorized: Provided, That none of
the funds appropriated in this paragraph shall be available for
acquisition of furniture, furnishings, or generators for other
departments and agencies of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,181,394,000, to
remain available until expended, of which $824,287,000 is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, as authorized, $7,885,000, to remain
available until expended, of which not to exceed $1,000,000 may
be transferred to, and merged with, funds appropriated by this
Act under the heading ``Repatriation Loans Program Account''.
repatriation loans program account
For the cost of direct loans, $2,500,000, as authorized:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That such funds are
available to subsidize gross obligations for the principal
amount of direct loans not to exceed $6,311,992.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $31,963,000.
international center, washington, district of columbia
Not to exceed $1,806,600 shall be derived from fees collected
from other executive agencies for lease or use of facilities at
the International Center in accordance with section 4 of the
International Center Act (Public Law 90-553), and, in addition,
as authorized by section 5 of such Act, $2,743,000, to be
derived from the reserve authorized by such section, to be used
for the purposes set out in that section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability
Fund, as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the
advice and consent of the Senate, conventions, or specific Acts
of Congress, $1,505,928,000, of which $96,240,000, to remain
available until September 30, 2022, is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided,
That the Secretary of State shall, at the time of the
submission of the President's budget to Congress under section
1105(a) of title 31, United States Code, transmit to the
Committees on Appropriations the most recent biennial budget
prepared by the United Nations for the operations of the United
Nations: Provided further, That the Secretary of State shall
notify the Committees on Appropriations at least 15 days in
advance (or in an emergency, as far in advance as is
practicable) of any United Nations action to increase funding
for any United Nations program without identifying an
offsetting decrease elsewhere in the United Nations budget:
Provided further, That any payment of arrearages under this
heading shall be directed to activities that are mutually
agreed upon by the United States and the respective
international organization and shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That none of the funds appropriated under
this heading shall be available for a United States
contribution to an international organization for the United
States share of interest costs made known to the United States
Government by such organization for loans incurred on or after
October 1, 1984, through external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the
maintenance or restoration of international peace and security,
$1,456,314,000, of which $705,994,000 is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided,
That of the funds made available under this heading, up to
$818,542,000 may remain available until September 30, 2022:
Provided further, That none of the funds made available by this
Act shall be obligated or expended for any new or expanded
United Nations peacekeeping mission unless, at least 15 days in
advance of voting for such mission in the United Nations
Security Council (or in an emergency as far in advance as is
practicable), the Committees on Appropriations are notified of:
(1) the estimated cost and duration of the mission, the
objectives of the mission, the national interest that will be
served, and the exit strategy; and (2) the sources of funds,
including any reprogrammings or transfers, that will be used to
pay the cost of the new or expanded mission, and the estimated
cost in future fiscal years: Provided further, That none of
the funds appropriated under this heading may be made available
for obligation unless the Secretary of State certifies and
reports to the Committees on Appropriations on a peacekeeping
mission-by-mission basis that the United Nations is
implementing effective policies and procedures to prevent
United Nations employees, contractor personnel, and
peacekeeping troops serving in such mission from trafficking in
persons, exploiting victims of trafficking, or committing acts
of sexual exploitation and abuse or other violations of human
rights, and to hold accountable individuals who engage in such
acts while participating in such mission, including prosecution
in their home countries and making information about such
prosecutions publicly available on the website of the United
Nations: Provided further, That the Secretary of State shall
work with the United Nations and foreign governments
contributing peacekeeping troops to implement effective vetting
procedures to ensure that such troops have not violated human
rights: Provided further, That funds shall be available for
peacekeeping expenses unless the Secretary of State determines
that United States manufacturers and suppliers are not being
given opportunities to provide equipment, services, and
material for United Nations peacekeeping activities equal to
those being given to foreign manufacturers and suppliers:
Provided further, That none of the funds appropriated or
otherwise made available under this heading may be used for any
United Nations peacekeeping mission that will involve United
States Armed Forces under the command or operational control of
a foreign national, unless the President's military advisors
have submitted to the President a recommendation that such
involvement is in the national interest of the United States
and the President has submitted to Congress such a
recommendation: Provided further, That any payment of
arrearages with funds appropriated by this Act shall be subject
to the regular notification procedures of the Committees on
Appropriations.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation
expenses; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$49,770,000, of which $7,466,000 may remain available until
September 30, 2022.
construction
For detailed plan preparation and construction of authorized
projects, $49,000,000, to remain available until expended, as
authorized: Provided, That of the funds appropriated under
this heading in this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs for the United States Section, except for funds
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism or as an emergency requirement pursuant
to a concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985, up to $5,000,000 may
be transferred to, and merged with, funds appropriated under
the heading ``Salaries and Expenses'' to carry out the purposes
of the United States Section, which shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations: Provided further, That such
transfer authority is in addition to any other transfer
authority provided in this Act.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and for
technical assistance grants and the Community Assistance
Program of the North American Development Bank, $15,008,000:
Provided, That of the amount provided under this heading for
the International Joint Commission, up to $1,250,000 may remain
available until September 30, 2022, and up to $9,000 may be
made available for representation expenses: Provided further,
That of the amount provided under this heading for the
International Boundary Commission, up to $1,000 may be made
available for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by law,
$62,846,000: Provided, That the United States share of such
expenses may be advanced to the respective commissions pursuant
to section 3324 of title 31, United States Code.
RELATED AGENCY
United States Agency for Global Media
international broadcasting operations
For necessary expenses to enable the United States Agency for
Global Media (USAGM), as authorized, to carry out international
communication activities, and to make and supervise grants for
radio, Internet, and television broadcasting to the Middle
East, $793,257,000: Provided, That in addition to amounts
otherwise available for such purposes, up to $40,708,000 of the
amount appropriated under this heading may remain available
until expended for satellite transmissions and Internet freedom
programs, of which not less than $20,000,000 shall be for
Internet freedom programs: Provided further, That of the total
amount appropriated under this heading, not to exceed $35,000
may be used for representation expenses, of which $10,000 may
be used for such expenses within the United States as
authorized, and not to exceed $30,000 may be used for
representation expenses of Radio Free Europe/Radio Liberty:
Provided further, That funds appropriated under this heading
shall be allocated in accordance with the table included under
this heading in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated
Act): Provided further, That notwithstanding the previous
proviso, funds may be reprogrammed within and between amounts
designated in such table, subject to the regular notification
procedures of the Committees on Appropriations, except that no
such reprogramming may reduce a designated amount by more than
5 percent: Provided further, That funds appropriated under
this heading shall be made available in accordance with the
principles and standards set forth in section 303(a) and (b) of
the United States International Broadcasting Act of 1994 (22
U.S.C. 6202) and section 305(b) of such Act (22 U.S.C. 6204):
Provided further, That the USAGM Chief Executive Officer shall
notify the Committees on Appropriations within 15 days of any
determination by the USAGM that any of its broadcast entities,
including its grantee organizations, provides an open platform
for international terrorists or those who support international
terrorism, or is in violation of the principles and standards
set forth in section 303(a) and (b) of such Act or the entity's
journalistic code of ethics: Provided further, That in
addition to funds made available under this heading, and
notwithstanding any other provision of law, up to $5,000,000 in
receipts from advertising and revenue from business ventures,
up to $500,000 in receipts from cooperating international
organizations, and up to $1,000,000 in receipts from
privatization efforts of the Voice of America and the
International Broadcasting Bureau, shall remain available until
expended for carrying out authorized purposes: Provided
further, That significant modifications to USAGM broadcast
hours previously justified to Congress, including changes to
transmission platforms (shortwave, medium wave, satellite,
Internet, and television), for all USAGM language services
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That up to
$7,000,000 from the USAGM Buying Power Maintenance account may
be transferred to, and merged with, funds appropriated by this
Act under the heading ``International Broadcasting
Operations'', which shall remain available until expended:
Provided further, That such transfer authority is in addition
to any transfer authority otherwise available under any other
provision of law and shall be subject to prior consultation
with, and the regular notification procedures of, the
Committees on Appropriations.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation,
and improvement of facilities for radio, television, and
digital transmission and reception; the purchase, rent, and
installation of necessary equipment for radio, television, and
digital transmission and reception, including to Cuba, as
authorized; and physical security worldwide, in addition to
amounts otherwise available for such purposes, $9,700,000, to
remain available until expended, as authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The Asia
Foundation Act (22 U.S.C. 4402), $20,000,000, to remain
available until expended: Provided, That funds appropriated
under this heading shall be apportioned and obligated to the
Foundation not later than 60 days after enactment of this Act.
United States Institute of Peace
For necessary expenses of the United States Institute of
Peace, as authorized by the United States Institute of Peace
Act (22 U.S.C. 4601 et seq.), $45,000,000, to remain available
until September 30, 2022, which shall not be used for
construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-
Western Dialogue Trust Fund, as authorized by section 633 of
the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2004 (22 U.S.C. 2078),
the total amount of the interest and earnings accruing to such
Fund on or before September 30, 2021, to remain available until
expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2021, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay any
salary or other compensation, or to enter into any contract
providing for the payment thereof, in excess of the rate
authorized by section 5376 of title 5, United States Code; or
for purposes which are not in accordance with section 200 of
title 2 of the Code of Federal Regulations, including the
restrictions on compensation for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship
Program, as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452
note), all interest and earnings accruing to the Israeli Arab
Scholarship Fund on or before September 30, 2021, to remain
available until expended.
East-West Center
To enable the Secretary of State to provide for carrying out
the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to the
Center for Cultural and Technical Interchange Between East and
West in the State of Hawaii, $19,700,000: Provided, That funds
appropriated under this heading shall be apportioned and
obligated to the Center not later than 60 days after enactment
of this Act.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National
Endowment for Democracy Act (22 U.S.C. 4412), $300,000,000, to
remain available until expended, of which $195,840,000 shall be
allocated in the traditional and customary manner, including
for the core institutes, and $104,160,000 shall be for
democracy programs: Provided, That the requirements of section
7061(a) of this Act shall not apply to funds made available
under this heading: Provided further, That funds appropriated
under this heading shall be apportioned and obligated to the
Endowment not later than 60 days after enactment of this Act.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the
Preservation of America's Heritage Abroad, $642,000, as
authorized by chapter 3123 of title 54, United States Code:
Provided, That the Commission may procure temporary,
intermittent, and other services notwithstanding paragraph (3)
of section 312304(b) of such chapter: Provided further, That
such authority shall terminate on October 1, 2021: Provided
further, That the Commission shall notify the Committees on
Appropriations prior to exercising such authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of
the International Religious Freedom Act of 1998 (22 U.S.C. 6431
et seq.), $4,500,000, to remain available until September 30,
2022, including not more than $4,000 for representation
expenses.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304 (22
U.S.C. 3001 et seq.), $2,908,000, including not more than
$4,000 for representation expenses, to remain available until
September 30, 2022.
Congressional-executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized by
title III of the U.S.-China Relations Act of 2000 (22 U.S.C.
6911 et seq.), $2,250,000, including not more than $3,000 for
representation expenses, to remain available until September
30, 2022.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic
and Security Review Commission, as authorized by section 1238
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (22 U.S.C. 7002), $4,000,000, including not
more than $4,000 for representation expenses, to remain
available until September 30, 2022: Provided, That the
authorities, requirements, limitations, and conditions
contained in the second through sixth provisos under this
heading in the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2010 (division F of Public
Law 111-117) shall continue in effect during fiscal year 2021
and shall apply to funds appropriated under this heading.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $1,377,747,000, of
which up to $206,662,000 may remain available until September
30, 2022: Provided, That none of the funds appropriated under
this heading and under the heading ``Capital Investment Fund''
in this title may be made available to finance the construction
(including architect and engineering services), purchase, or
long-term lease of offices for use by the United States Agency
for International Development, unless the USAID Administrator
has identified such proposed use of funds in a report submitted
to the Committees on Appropriations at least 15 days prior to
the obligation of funds for such purposes: Provided further,
That contracts or agreements entered into with funds
appropriated under this heading may entail commitments for the
expenditure of such funds through the following fiscal year:
Provided further, That the authority of sections 610 and 109 of
the Foreign Assistance Act of 1961 may be exercised by the
Secretary of State to transfer funds appropriated to carry out
chapter 1 of part I of such Act to ``Operating Expenses'' in
accordance with the provisions of those sections: Provided
further, That of the funds appropriated or made available under
this heading, not to exceed $250,000 may be available for
representation and entertainment expenses, of which not to
exceed $5,000 may be available for entertainment expenses, and
not to exceed $100,500 shall be for official residence
expenses, for USAID during the current fiscal year: Provided
further, That the USAID Administrator shall submit a report to
the Committees on Appropriations not later than 60 days after
enactment of this Act on changes to the account structure as
described in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
capital investment fund
For necessary expenses for overseas construction and related
costs, and for the procurement and enhancement of information
technology and related capital investments, pursuant to section
667 of the Foreign Assistance Act of 1961, $258,200,000, to
remain available until expended: Provided, That this amount is
in addition to funds otherwise available for such purposes:
Provided further, That funds appropriated under this heading
shall be available subject to the regular notification
procedures of the Committees on Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $75,500,000, of
which up to $11,325,000 may remain available until September
30, 2022, for the Office of Inspector General of the United
States Agency for International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for global health activities, in addition to funds
otherwise available for such purposes, $3,265,950,000, to
remain available until September 30, 2022, and which shall be
apportioned directly to the United States Agency for
International Development not later than 60 days after
enactment of this Act: Provided, That this amount shall be
made available for training, equipment, and technical
assistance to build the capacity of public health institutions
and organizations in developing countries, and for such
activities as: (1) child survival and maternal health programs;
(2) immunization and oral rehydration programs; (3) other
health, nutrition, water and sanitation programs which directly
address the needs of mothers and children, and related
education programs; (4) assistance for children displaced or
orphaned by causes other than AIDS; (5) programs for the
prevention, treatment, control of, and research on HIV/AIDS,
tuberculosis, polio, malaria, and other infectious diseases
including neglected tropical diseases, and for assistance to
communities severely affected by HIV/AIDS, including children
infected or affected by AIDS; (6) disaster preparedness
training for health crises; (7) programs to prevent, prepare
for, and respond to, unanticipated and emerging global health
threats, including zoonotic diseases; and (8) family planning/
reproductive health: Provided further, That funds appropriated
under this paragraph may be made available for a United States
contribution to The GAVI Alliance: Provided further, That none
of the funds made available in this Act nor any unobligated
balances from prior appropriations Acts may be made available
to any organization or program which, as determined by the
President of the United States, supports or participates in the
management of a program of coercive abortion or involuntary
sterilization: Provided further, That any determination made
under the previous proviso must be made not later than 6 months
after the date of enactment of this Act, and must be
accompanied by the evidence and criteria utilized to make the
determination: Provided further, That none of the funds made
available under this Act may be used to pay for the performance
of abortion as a method of family planning or to motivate or
coerce any person to practice abortions: Provided further,
That nothing in this paragraph shall be construed to alter any
existing statutory prohibitions against abortion under section
104 of the Foreign Assistance Act of 1961: Provided further,
That none of the funds made available under this Act may be
used to lobby for or against abortion: Provided further, That
in order to reduce reliance on abortion in developing nations,
funds shall be available only to voluntary family planning
projects which offer, either directly or through referral to,
or information about access to, a broad range of family
planning methods and services, and that any such voluntary
family planning project shall meet the following requirements:
(1) service providers or referral agents in the project shall
not implement or be subject to quotas, or other numerical
targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family
planning (this provision shall not be construed to include the
use of quantitative estimates or indicators for budgeting and
planning purposes); (2) the project shall not include payment
of incentives, bribes, gratuities, or financial reward to: (A)
an individual in exchange for becoming a family planning
acceptor; or (B) program personnel for achieving a numerical
target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of
family planning; (3) the project shall not deny any right or
benefit, including the right of access to participate in any
program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall provide
family planning acceptors comprehensible information on the
health benefits and risks of the method chosen, including those
conditions that might render the use of the method inadvisable
and those adverse side effects known to be consequent to the
use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical
procedures are provided only in the context of a scientific
study in which participants are advised of potential risks and
benefits; and, not less than 60 days after the date on which
the USAID Administrator determines that there has been a
violation of the requirements contained in paragraph (1), (2),
(3), or (5) of this proviso, or a pattern or practice of
violations of the requirements contained in paragraph (4) of
this proviso, the Administrator shall submit to the Committees
on Appropriations a report containing a description of such
violation and the corrective action taken by the Agency:
Provided further, That in awarding grants for natural family
planning under section 104 of the Foreign Assistance Act of
1961 no applicant shall be discriminated against because of
such applicant's religious or conscientious commitment to offer
only natural family planning; and, additionally, all such
applicants shall comply with the requirements of the previous
proviso: Provided further, That for purposes of this or any
other Act authorizing or appropriating funds for the Department
of State, foreign operations, and related programs, the term
``motivate'', as it relates to family planning assistance,
shall not be construed to prohibit the provision, consistent
with local law, of information or counseling about all
pregnancy options: Provided further, That information provided
about the use of condoms as part of projects or activities that
are funded from amounts appropriated by this Act shall be
medically accurate and shall include the public health benefits
and failure rates of such use.
In addition, for necessary expenses to carry out the
provisions of the Foreign Assistance Act of 1961 for the
prevention, treatment, and control of, and research on, HIV/
AIDS, $5,930,000,000, to remain available until September 30,
2025, which shall be apportioned directly to the Department of
State not later than 60 days after enactment of this Act:
Provided, That funds appropriated under this paragraph may be
made available, notwithstanding any other provision of law,
except for the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (Public Law 108-25), for
a United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund): Provided further, That
the amount of such contribution shall be $1,560,000,000 and
shall be for the second installment of the sixth replenishment:
Provided further, That up to 5 percent of the aggregate amount
of funds made available to the Global Fund in fiscal year 2021
may be made available to USAID for technical assistance related
to the activities of the Global Fund, subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That of the funds appropriated under this
paragraph, up to $17,000,000 may be made available, in addition
to amounts otherwise available for such purposes, for
administrative expenses of the Office of the United States
Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of
sections 103, 105, 106, 214, and sections 251 through 255, and
chapter 10 of part I of the Foreign Assistance Act of 1961,
$3,500,000,000, to remain available until September 30, 2022:
Provided, That funds made available under this heading shall be
apportioned directly to the United States Agency for
International Development not later than 60 days after
enactment of this Act.
international disaster assistance
For necessary expenses to carry out the provisions of section
491 of the Foreign Assistance Act of 1961 for international
disaster relief, rehabilitation, and reconstruction assistance,
$4,395,362,000, to remain available until expended, of which
$1,914,041,000 is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided, That funds made
available under this heading shall be apportioned to the United
States Agency for International Development not later than 60
days after enactment of this Act.
transition initiatives
For necessary expenses for international disaster
rehabilitation and reconstruction assistance administered by
the Office of Transition Initiatives, United States Agency for
International Development, pursuant to section 491 of the
Foreign Assistance Act of 1961, and to support transition to
democracy and long-term development of countries in crisis,
$92,043,000, to remain available until expended: Provided,
That such support may include assistance to develop,
strengthen, or preserve democratic institutions and processes,
revitalize basic infrastructure, and foster the peaceful
resolution of conflict: Provided further, That the USAID
Administrator shall submit a report to the Committees on
Appropriations at least 5 days prior to beginning a new, or
terminating a, program of assistance: Provided further, That
if the Secretary of State determines that it is important to
the national interest of the United States to provide
transition assistance in excess of the amount appropriated
under this heading, up to $15,000,000 of the funds appropriated
by this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961 may be used for purposes of this
heading and under the authorities applicable to funds
appropriated under this heading: Provided further, That funds
made available pursuant to the previous proviso shall be made
available subject to prior consultation with the Committees on
Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of section
509(b) of the Global Fragility Act of 2019 (title V of division
J of Public Law 116-94), $30,000,000, to remain available until
expended: Provided, That funds appropriated under this heading
may be made available notwithstanding any other provision of
law, except sections 7007, 7008, and 7018 of this Act and
section 620M of the Foreign Assistance Act of 1961: Provided
further, That funds appropriated under this heading shall be
apportioned to the United States Agency for International
Development not later than 60 days after enactment of this Act.
economic support fund
For necessary expenses to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961,
$3,151,963,000, to remain available until September 30, 2022.
democracy fund
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the promotion of democracy
globally, including to carry out the purposes of section
502(b)(3) and (5) of Public Law 98-164 (22 U.S.C. 4411),
$190,450,000, to remain available until September 30, 2022,
which shall be made available for the Human Rights and
Democracy Fund of the Bureau of Democracy, Human Rights, and
Labor, Department of State, and shall be apportioned to such
Bureau not later than 60 days after enactment of this Act:
Provided, That funds appropriated under this heading that are
made available to the National Endowment for Democracy and its
core institutes are in addition to amounts otherwise available
by this Act for such purposes: Provided further, That the
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, shall consult with the Committees on
Appropriations prior to the initial obligation of funds
appropriated under this paragraph.
For an additional amount for such purposes, $100,250,000, to
remain available until September 30, 2022, which shall be made
available for the Bureau for Development, Democracy, and
Innovation, United States Agency for International Development,
and shall be apportioned to such Bureau not later than 60 days
after enactment of this Act.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961, the FREEDOM Support Act (Public
Law 102-511), and the Support for Eastern European Democracy
(SEED) Act of 1989 (Public Law 101-179), $770,334,000, to
remain available until September 30, 2022, which shall be
available, notwithstanding any other provision of law, except
section 7047 of this Act, for assistance and related programs
for countries identified in section 3 of the FREEDOM Support
Act (22 U.S.C. 5801) and section 3(c) of the SEED Act of 1989
(22 U.S.C. 5402), in addition to funds otherwise available for
such purposes: Provided, That funds appropriated by this Act
under the headings ``Global Health Programs'', ``Economic
Support Fund'', and ``International Narcotics Control and Law
Enforcement'' that are made available for assistance for such
countries shall be administered in accordance with the
responsibilities of the coordinator designated pursuant to
section 102 of the FREEDOM Support Act and section 601 of the
SEED Act of 1989: Provided further, That funds appropriated
under this heading shall be considered to be economic
assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative authorities
contained in that Act for the use of economic assistance:
Provided further, That funds appropriated under this heading
may be made available for contributions to multilateral
initiatives to counter hybrid threats: Provided further, That
any notification of funds made available under this heading in
this Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs shall
include information (if known on the date of transmittal of
such notification) on the use of notwithstanding authority:
Provided further, That if subsequent to the notification of
assistance it becomes necessary to rely on notwithstanding
authority, the Committees on Appropriations should be informed
at the earliest opportunity and to the extent practicable:
Provided further, That of the funds appropriated under this
heading, not less than $2,000,000, to remain available until
expended, shall be transferred to, and merged with, funds
appropriated by this Act under the heading ``Economic Support
Fund'' for joint dialogues in support of the Eastern
Mediterranean Partnership in the manner specified under this
heading in House Report 116-444: Provided further, That such
funds shall be administered by, and under the policy direction
of, the coordinator designated pursuant to section 102 of the
FREEDOM Support Act and section 601 of the SEED Act of 1989.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to enable
the Secretary of State to carry out the provisions of section
2(a) and (b) of the Migration and Refugee Assistance Act of
1962 (22 U.S.C. 2601), and other activities to meet refugee and
migration needs; salaries and expenses of personnel and
dependents as authorized by the Foreign Service Act of 1980 (22
U.S.C. 3901 et seq.); allowances as authorized by sections 5921
through 5925 of title 5, United States Code; purchase and hire
of passenger motor vehicles; and services as authorized by
section 3109 of title 5, United States Code, $3,432,000,000, to
remain available until expended, of which: $1,701,417,000 is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985;
not less than $35,000,000 shall be made available to respond to
small-scale emergency humanitarian requirements; and $5,000,000
shall be made available for refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section
2(c) of the Migration and Refugee Assistance Act of 1962 (22
U.S.C. 2601(c)), $100,000, to remain available until expended:
Provided, That amounts in excess of the limitation contained in
paragraph (2) of such section shall be transferred to, and
merged with, funds made available by this Act under the heading
``Migration and Refugee Assistance''.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the
Peace Corps Act (22 U.S.C. 2501 et seq.), including the
purchase of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States,
$410,500,000, of which $6,330,000 is for the Office of
Inspector General, to remain available until September 30,
2022: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as
authorized by section 16 of the Peace Corps Act (22 U.S.C.
2515), an amount not to exceed $5,000,000: Provided further,
That funds transferred pursuant to the previous proviso may not
be derived from amounts made available for Peace Corps overseas
operations: Provided further, That of the funds appropriated
under this heading, not to exceed $104,000 may be available for
representation expenses, of which not to exceed $4,000 may be
made available for entertainment expenses: Provided further,
That in addition to the requirements under section 7015(a) of
this Act, the Peace Corps shall consult with the Committees on
Appropriations prior to any decision to open, close, or suspend
a domestic or overseas office or a country program unless there
is a substantial risk to volunteers or other Peace Corps
personnel: Provided further, That none of the funds
appropriated under this heading shall be used to pay for
abortions: Provided further, That notwithstanding the previous
proviso, section 614 of division E of Public Law 113-76 shall
apply to funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.)
(MCA), $912,000,000, to remain available until expended:
Provided, That of the funds appropriated under this heading, up
to $112,000,000 may be available for administrative expenses of
the Millennium Challenge Corporation: Provided further, That
section 605(e) of the MCA (22 U.S.C. 7704(e)) shall apply to
funds appropriated under this heading: Provided further, That
funds appropriated under this heading may be made available for
a Millennium Challenge Compact entered into pursuant to section
609 of the MCA (22 U.S.C. 7708) only if such Compact obligates,
or contains a commitment to obligate subject to the
availability of funds and the mutual agreement of the parties
to the Compact to proceed, the entire amount of the United
States Government funding anticipated for the duration of the
Compact: Provided further, That no country should be eligible
for a threshold program after such country has completed a
country compact: Provided further, That of the funds
appropriated under this heading, not to exceed $100,000 may be
available for representation and entertainment expenses, of
which not to exceed $5,000 may be available for entertainment
expenses.
inter-american foundation
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions of
section 401 of the Foreign Assistance Act of 1969, $38,000,000,
to remain available until September 30, 2022: Provided, That
of the funds appropriated under this heading, not to exceed
$2,000 may be available for representation expenses.
united states african development foundation
For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h et
seq.), $33,000,000, to remain available until September 30,
2022, of which not to exceed $2,000 may be available for
representation expenses: Provided, That funds made available
to grantees may be invested pending expenditure for project
purposes when authorized by the Board of Directors of the
United States African Development Foundation (USADF): Provided
further, That interest earned shall be used only for the
purposes for which the grant was made: Provided further, That
notwithstanding section 505(a)(2) of the African Development
Foundation Act (22 U.S.C. 290h-3(a)(2)), in exceptional
circumstances the Board of Directors of the USADF may waive the
$250,000 limitation contained in that section with respect to a
project and a project may exceed the limitation by up to 10
percent if the increase is due solely to foreign currency
fluctuation: Provided further, That the USADF shall submit a
report to the appropriate congressional committees after each
time such waiver authority is exercised: Provided further,
That the USADF may make rent or lease payments in advance from
appropriations available for such purpose for offices,
buildings, grounds, and quarters in Africa as may be necessary
to carry out its functions: Provided further, That the USADF
may maintain bank accounts outside the United States Treasury
and retain any interest earned on such accounts, in furtherance
of the purposes of the African Development Foundation Act:
Provided further, That the USADF may not withdraw any
appropriation from the Treasury prior to the need of spending
such funds for program purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section
129 of the Foreign Assistance Act of 1961, $33,000,000, to
remain available until expended, of which not more than
$6,600,000 may be used for administrative expenses: Provided,
That amounts made available under this heading may be made
available to contract for services as described in section
129(d)(3)(A) of the Foreign Assistance Act of 1961, without
regard to the location in which such services are performed.
debt restructuring
For the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying loans and loan guarantees, as
the President may determine, for which funds have been
appropriated or otherwise made available for programs within
the International Affairs Budget Function 150, including the
cost of selling, reducing, or canceling amounts owed to the
United States as a result of concessional loans made to
eligible countries, pursuant to part V of the Foreign
Assistance Act of 1961, $15,000,000, to remain available until
September 30, 2023.
In addition, for the costs, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees for Somalia or credits extended to Somalia, as the
President may determine, including the cost of selling,
reducing, or cancelling amounts owed to the United States, in
the event that Somalia has met the domestic and
internationally-agreed conditions and such modification is
consistent with United States law and foreign policy
considerations, $78,000,000, to remain available until
expended, which may be used notwithstanding any other provision
of law: Provided, That funds made available by this paragraph
shall be subject to prior consultation with the appropriate
congressional committees and subject to the regular
notification procedures of the Committees on Appropriations.
In addition, for the costs, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees for or credits extended to Sudan, $111,000,000, to
remain available until expended, which may be used
notwithstanding any other provision of law, in the event Sudan
meets the domestic and internationally agreed conditions and
the modifications are consistent with United States law and
foreign policy considerations.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $1,385,573,000, to remain
available until September 30, 2022: Provided, That the
Department of State may use the authority of section 608 of the
Foreign Assistance Act of 1961, without regard to its
restrictions, to receive excess property from an agency of the
United States Government for the purpose of providing such
property to a foreign country or international organization
under chapter 8 of part I of such Act, subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That section 482(b) of the Foreign Assistance
Act of 1961 shall not apply to funds appropriated under this
heading, except that any funds made available notwithstanding
such section shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That funds appropriated under this heading shall be
made available to support training and technical assistance for
foreign law enforcement, corrections, judges, and other
judicial authorities, utilizing regional partners: Provided
further, That funds made available under this heading that are
transferred to another department, agency, or instrumentality
of the United States Government pursuant to section 632(b) of
the Foreign Assistance Act of 1961 valued in excess of
$5,000,000, and any agreement made pursuant to section 632(a)
of such Act, shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That funds made available under this heading for
Program Development and Support may be made available
notwithstanding pre-obligation requirements contained in this
Act, except for the notification requirements of section 7015.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $889,247,000, to
remain available until September 30, 2022, to carry out the
provisions of chapter 8 of part II of the Foreign Assistance
Act of 1961 for anti-terrorism assistance, chapter 9 of part II
of the Foreign Assistance Act of 1961, section 504 of the
FREEDOM Support Act (22 U.S.C. 5854), section 23 of the Arms
Export Control Act (22 U.S.C. 2763), or the Foreign Assistance
Act of 1961 for demining activities, the clearance of
unexploded ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law,
including activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a United States contribution to the
Comprehensive Nuclear Test Ban Treaty Preparatory Commission,
and for a voluntary contribution to the International Atomic
Energy Agency (IAEA): Provided, That funds made available
under this heading for the Nonproliferation and Disarmament
Fund shall be made available, notwithstanding any other
provision of law and subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations, to promote bilateral and multilateral
activities relating to nonproliferation, disarmament, and
weapons destruction, and shall remain available until expended:
Provided further, That such funds may also be used for such
countries other than the Independent States of the former
Soviet Union and international organizations when it is in the
national security interest of the United States to do so:
Provided further, That funds appropriated under this heading
may be made available for the IAEA unless the Secretary of
State determines that Israel is being denied its right to
participate in the activities of that Agency: Provided
further, That funds made available for conventional weapons
destruction programs, including demining and related
activities, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to
the operation and management of such programs and activities,
subject to the regular notification procedures of the
Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of section
551 of the Foreign Assistance Act of 1961, $440,759,000, of
which $325,213,000, to remain available until September 30,
2022, is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided, That funds appropriated under
this heading may be used, notwithstanding section 660 of the
Foreign Assistance Act of 1961, to provide assistance to
enhance the capacity of foreign civilian security forces,
including gendarmes, to participate in peacekeeping operations:
Provided further, That of the funds appropriated under this
heading, not less than $25,000,000 shall be made available for
a United States contribution to the Multinational Force and
Observers mission in the Sinai and not less than $71,000,000
shall be made available for the Global Peace Operations
Initiative: Provided further, That funds appropriated under
this heading may be made available to pay assessed expenses of
international peacekeeping activities in Somalia under the same
terms and conditions, as applicable, as funds appropriated by
this Act under the heading ``Contributions for International
Peacekeeping Activities'': Provided further, That none of the
funds appropriated under this heading shall be obligated except
as provided through the regular notification procedures of the
Committees on Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section
541 of the Foreign Assistance Act of 1961, $112,925,000, of
which up to $56,463,000 may remain available until September
30, 2022: Provided, That the civilian personnel for whom
military education and training may be provided under this
heading may include civilians who are not members of a
government whose participation would contribute to improved
civil-military relations, civilian control of the military, or
respect for human rights: Provided further, That of the funds
appropriated under this heading, up to $3,000,000 may remain
available until expended to increase the participation of women
in programs and activities funded under this heading, following
consultation with, and the regular notification procedures of,
the Committees on Appropriations: Provided further, That of
the funds appropriated under this heading, not to exceed
$50,000 may be available for entertainment expenses.
foreign military financing program
For necessary expenses for grants to enable the President to
carry out the provisions of section 23 of the Arms Export
Control Act (22 U.S.C. 2763), $6,175,524,000, of which
$576,909,000, to remain available until September 30, 2022, is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided, That to expedite the provision of assistance to
foreign countries and international organizations, the
Secretary of State, following consultation with the Committees
on Appropriations and subject to the regular notification
procedures of such Committees, may use the funds appropriated
under this heading to procure defense articles and services to
enhance the capacity of foreign security forces: Provided
further, That of the funds appropriated under this heading, not
less than $3,300,000,000 shall be available for grants only for
Israel which shall be disbursed within 30 days of enactment of
this Act: Provided further, That to the extent that the
Government of Israel requests that funds be used for such
purposes, grants made available for Israel under this heading
shall, as agreed by the United States and Israel, be available
for advanced weapons systems, of which not less than
$795,300,000 shall be available for the procurement in Israel
of defense articles and defense services, including research
and development: Provided further, That funds appropriated or
otherwise made available under this heading shall be
nonrepayable notwithstanding any requirement in section 23 of
the Arms Export Control Act: Provided further, That funds made
available under this heading shall be obligated upon
apportionment in accordance with paragraph (5)(C) of section
1501(a) of title 31, United States Code.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles,
defense services, or design and construction services that are
not sold by the United States Government under the Arms Export
Control Act unless the foreign country proposing to make such
procurement has first signed an agreement with the United
States Government specifying the conditions under which such
procurement may be financed with such funds: Provided, That
all country and funding level increases in allocations shall be
submitted through the regular notification procedures of
section 7015 of this Act: Provided further, That funds made
available under this heading may be used, notwithstanding any
other provision of law, for demining, the clearance of
unexploded ordnance, and related activities, and may include
activities implemented through nongovernmental and
international organizations: Provided further, That only those
countries for which assistance was justified for the ``Foreign
Military Sales Financing Program'' in the fiscal year 1989
congressional presentation for security assistance programs may
utilize funds made available under this heading for procurement
of defense articles, defense services, or design and
construction services that are not sold by the United States
Government under the Arms Export Control Act: Provided
further, That funds appropriated under this heading shall be
expended at the minimum rate necessary to make timely payment
for defense articles and services: Provided further, That not
more than $70,000,000 of the funds appropriated under this
heading may be obligated for necessary expenses, including the
purchase of passenger motor vehicles for replacement only for
use outside of the United States, for the general costs of
administering military assistance and sales, except that this
limitation may be exceeded only through the regular
notification procedures of the Committees on Appropriations:
Provided further, That of the funds made available under this
heading for general costs of administering military assistance
and sales, not to exceed $4,000 may be available for
entertainment expenses and not to exceed $130,000 may be
available for representation expenses: Provided further, That
not more than $1,137,000,000 of funds realized pursuant to
section 21(e)(1)(A) of the Arms Export Control Act (22 U.S.C.
2761(e)(1)(A)) may be obligated for expenses incurred by the
Department of Defense during fiscal year 2021 pursuant to
section 43(b) of the Arms Export Control Act (22 U.S.C.
2792(b)), except that this limitation may be exceeded only
through the regular notification procedures of the Committees
on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section
301 of the Foreign Assistance Act of 1961, $387,500,000:
Provided, That section 307(a) of the Foreign Assistance Act of
1961 shall not apply to contributions to the United Nations
Democracy Fund: Provided further, That not later than 60 days
after enactment of this Act, such funds shall be made available
for core contributions for each entity listed in the table
under this heading in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act) unless otherwise provided for in this Act, or
if the Secretary of State has justified to the Committees on
Appropriations the proposed uses of funds other than for core
contributions following prior consultation with, and subject to
the regular notification procedures of, such Committees.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by
the Secretary of the Treasury, $139,575,000, to remain
available until, and to be fully disbursed not later than,
September 30, 2022: Provided, That of such amount,
$136,563,000, which shall remain available until September 30,
2021, is only available for the third installment of the
seventh replenishment of the Global Environment Facility, and
shall be obligated and disbursed not later than 90 days after
enactment of this Act: Provided further, That the Secretary
shall report to the Committees on Appropriations on the status
of funds provided under this heading not less than quarterly
until fully disbursed: Provided further, That in such report
the Secretary shall provide a timeline for the obligation and
disbursement of any funds that have not yet been obligated or
disbursed.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury for the United
States share of the paid-in portion of the increases in capital
stock, $206,500,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of increases in capital stock in an amount not to
exceed $1,421,275,728.70.
contribution to the international development association
For payment to the International Development Association by
the Secretary of the Treasury, $1,001,400,000, to remain
available until expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development
Fund by the Secretary of the Treasury, $47,395,000, to remain
available until expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary
of the Treasury for the United States share of the paid-in
portion of the increases in capital stock, $54,648,752, to
remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation to the callable
capital portion of the United States share of increases in
capital stock in an amount not to exceed $856,174,624.
contribution to the african development fund
For payment to the African Development Fund by the Secretary
of the Treasury, $171,300,000, to remain available until
expended.
contribution to the north american development bank
limitation on callable capital subscriptions
The Secretary of the Treasury may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of capital stock in an amount not to exceed
$1,020,000,000: Provided, That such authority is in addition
to any other authority otherwise available in this Act and
under any other provision of law.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural
Development by the Secretary of the Treasury, $32,500,000, to
remain available until, and to be fully disbursed not later
than, September 30, 2022, for the third installment of the
eleventh replenishment of the International Fund for
Agricultural Development: Provided, That the Secretary of the
Treasury shall report to the Committees on Appropriations on
the status of such payment not less than quarterly until fully
disbursed: Provided further, That in such report the Secretary
shall provide a timeline for the obligation and disbursement of
any funds that have not yet been obligated or disbursed.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978 (5 U.S.C. App.), $6,500,000, of which up to $975,000 may
remain available until September 30, 2022.
program account
The Export-Import Bank of the United States is authorized to
make such expenditures within the limits of funds and borrowing
authority available to such corporation, and in accordance with
law, and to make such contracts and commitments without regard
to fiscal year limitations, as provided by section 9104 of
title 31, United States Code, as may be necessary in carrying
out the program for the current fiscal year for such
corporation: Provided, That none of the funds available during
the current fiscal year may be used to make expenditures,
contracts, or commitments for the export of nuclear equipment,
fuel, or technology to any country, other than a nuclear-weapon
state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic
or military assistance under this Act, that has detonated a
nuclear explosive after the date of enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by section
3109 of title 5, United States Code, and not to exceed $30,000
for official reception and representation expenses for members
of the Board of Directors, not to exceed $110,000,000, of which
up to $16,500,000 may remain available until September 30,
2022: Provided, That the Export-Import Bank (the Bank) may
accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in
connection with any transaction for which an application for a
loan, guarantee or insurance commitment has been made:
Provided further, That notwithstanding subsection (b) of
section 117 of the Export Enhancement Act of 1992, subsection
(a) of such section shall remain in effect until September 30,
2021: Provided further, That the Bank shall charge fees for
necessary expenses (including special services performed on a
contract or fee basis, but not including other personal
services) in connection with the collection of moneys owed the
Bank, repossession or sale of pledged collateral or other
assets acquired by the Bank in satisfaction of moneys owed the
Bank, or the investigation or appraisal of any property, or the
evaluation of the legal, financial, or technical aspects of any
transaction for which an application for a loan, guarantee or
insurance commitment has been made, or systems infrastructure
directly supporting transactions: Provided further, That in
addition to other funds appropriated for administrative
expenses, such fees shall be credited to this account for such
purposes, to remain available until expended.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of
1945 (Public Law 79-173) and the Federal Credit Reform Act of
1990, in an amount not to exceed the amount appropriated
herein, shall be credited as offsetting collections to this
account: Provided, That the sums herein appropriated from the
General Fund shall be reduced on a dollar-for-dollar basis by
such offsetting collections so as to result in a final fiscal
year appropriation from the General Fund estimated at $0.
United States International Development Finance Corporation
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978 (5 U.S.C. App.), $2,000,000, to remain available until
September 30, 2022.
corporate capital account
The United States International Development Finance
Corporation (the Corporation) is authorized to make such
expenditures and commitments within the limits of funds and
borrowing authority available to the Corporation, and in
accordance with the law, and to make such expenditures and
commitments without regard to fiscal year limitations, as
provided by section 9104 of title 31, United States Code, as
may be necessary in carrying out the programs for the current
fiscal year for the Corporation: Provided, That for necessary
expenses of the activities described in subsections (b), (c),
(e), (f), and (g) of section 1421 of the BUILD Act of 2018
(division F of Public Law 115-254) and for administrative
expenses to carry out authorized activities and project-
specific transaction costs described in section 1434(d) of such
Act, $569,000,000: Provided further, That of the amount
provided--
(1) $119,000,000 shall remain available until
September 30, 2023, for administrative expenses to
carry out authorized activities (including an amount
for official reception and representation expenses
which shall not exceed $25,000) and project-specific
transaction costs as described in section 1434(k) of
such Act, of which $1,000,000 shall remain available
until September 30, 2025;
(2) $450,000,000 shall remain available until
September 30, 2023, for the activities described in
subsections (b), (c), (e), (f), and (g) of section 1421
of the BUILD Act of 2018, except such amounts obligated
in a fiscal year for activities described in section
1421(c) of such Act shall remain available for
disbursement for the term of the underlying project:
Provided further, That if the term of the project
extends longer than 10 fiscal years, the Chief
Executive Officer of the Corporation shall inform the
appropriate congressional committees prior to the
obligation or disbursement of funds, as applicable:
Provided further, That amounts made available under
this paragraph may be paid to the ``United States
International Development Finance Corporation--Program
Account'' for programs authorized by subsections (b),
(e), (f), and (g) of section 1421 of the BUILD Act of
2018:
Provided further, That funds may only be obligated pursuant
to section 1421(g) of the BUILD Act of 2018 subject to prior
consultation with the appropriate congressional committees and
the regular notification procedures of the Committees on
Appropriations: Provided further, That in fiscal year 2021
collections of amounts described in section 1434(h) of the
BUILD Act of 2018 shall be credited as offsetting collections
to this appropriation: Provided further, That such collections
collected in fiscal year 2021 in excess of $569,000,000 shall
be credited to this account and shall be available in future
fiscal years only to the extent provided in advance in
appropriations Acts: Provided further, That in fiscal year
2021, if such collections are less than $569,000,000, receipts
collected pursuant to the BUILD Act of 2018 and the Federal
Credit Reform Act of 1990, in an amount equal to such
shortfall, shall be credited as offsetting collections to this
appropriation: Provided further, That funds appropriated or
otherwise made available under this heading may not be used to
provide any type of assistance that is otherwise prohibited by
any other provision of law or to provide assistance to any
foreign country that is otherwise prohibited by any other
provision of law: Provided further, That the sums herein
appropriated from the General Fund shall be reduced on a
dollar-for-dollar basis by the offsetting collections described
under this heading so as to result in a final fiscal year
appropriation from the General Fund estimated at $191,000,000.
program account
Amounts paid from ``United States International Development
Finance Corporation--Corporate Capital Account'' (CCA) shall
remain available until September 30, 2023: Provided, That up
to $500,000,000 of amounts paid to this account from CCA or
transferred to this account pursuant to section 1434(j) of the
BUILD Act of 2018 (division F of Public Law 115-254) shall be
available for the costs of direct and guaranteed loans provided
by the Corporation pursuant to section 1421(b) of such Act:
Provided further, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such
amounts obligated in a fiscal year shall remain available for
disbursement for the following 8 fiscal years: Provided
further, That funds transferred to carry out the Foreign
Assistance Act of 1961 pursuant to section 1434(j) of the BUILD
Act of 2018 may remain available for obligation for 1
additional fiscal year: Provided further, That the total loan
principal or guaranteed principal amount shall not exceed
$8,000,000,000.
trade and development agency
For necessary expenses to carry out the provisions of section
661 of the Foreign Assistance Act of 1961, $79,500,000, to
remain available until September 30, 2022, of which no more
than $19,000,000 may be used for administrative expenses:
Provided, That of the funds appropriated under this heading,
not more than $5,000 may be available for representation and
entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act
shall be available, except as otherwise provided, for
allowances and differentials as authorized by subchapter 59 of
title 5, United States Code; for services as authorized by
section 3109 of such title and for hire of passenger
transportation pursuant to section 1343(b) of title 31, United
States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made
available by this Act shall provide to the Committees on
Appropriations a quarterly accounting of cumulative unobligated
balances and obligated, but unexpended, balances by program,
project, and activity, and Treasury Account Fund Symbol of all
funds received by such department or agency in fiscal year 2021
or any previous fiscal year, disaggregated by fiscal year:
Provided, That the report required by this section shall be
submitted not later than 30 days after the end of each fiscal
quarter and should specify by account the amount of funds
obligated pursuant to bilateral agreements which have not been
further sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under title
I of this Act for any consulting service through procurement
contract, pursuant to section 3109 of title 5, United States
Code, shall be limited to those contracts where such
expenditures are a matter of public record and available for
public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant
to existing law.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing Exception.--
Notwithstanding paragraph (2) of section 604(e) of the Secure
Embassy Construction and Counterterrorism Act of 1999 (title VI
of division A of H.R. 3427, as enacted into law by section
1000(a)(7) of Public Law 106-113 and contained in appendix G of
that Act), as amended by section 111 of the Department of State
Authorities Act, Fiscal Year 2017 (Public Law 114-323), a
project to construct a facility of the United States may
include office space or other accommodations for members of the
United States Marine Corps.
(b) New Diplomatic Facilities.--For the purposes of
calculating the fiscal year 2021 costs of providing new United
States diplomatic facilities in accordance with section 604(e)
of the Secure Embassy Construction and Counterterrorism Act of
1999 (22 U.S.C. 4865 note), the Secretary of State, in
consultation with the Director of the Office of Management and
Budget, shall determine the annual program level and agency
shares in a manner that is proportional to the contribution of
the Department of State for this purpose.
(c) Consultation and Notification.--Funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs,
which may be made available for the acquisition of property or
award of construction contracts for overseas United States
diplomatic facilities during fiscal year 2021, shall be subject
to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations: Provided,
That notifications pursuant to this subsection shall include
the information enumerated under the heading ``Embassy
Security, Construction, and Maintenance'' in House Report 116-
444.
(d) Interim and Temporary Facilities Abroad.--
(1) Security vulnerabilities.--Funds appropriated by
this Act under the heading ``Embassy Security,
Construction, and Maintenance'' may be made available,
following consultation with the appropriate
congressional committees, to address security
vulnerabilities at interim and temporary United States
diplomatic facilities abroad, including physical
security upgrades and local guard staffing, except that
the amount of funds made available for such purposes
from this Act and prior Acts making appropriations for
the Department of State, foreign operations, and
related programs shall be a minimum of $25,000,000.
(2) Consultation.--Notwithstanding any other
provision of law, the opening, closure, or any
significant modification to an interim or temporary
United States diplomatic facility shall be subject to
prior consultation with the appropriate congressional
committees and the regular notification procedures of
the Committees on Appropriations, except that such
consultation and notification may be waived if there is
a security risk to personnel.
(e) Soft Targets.--Of the funds appropriated by this Act
under the heading ``Embassy Security, Construction, and
Maintenance'', not less than $10,000,000 shall be made
available for security upgrades to soft targets, including
schools, recreational facilities, and residences used by United
States diplomatic personnel and their dependents.
personnel actions
Sec. 7005. Any costs incurred by a department or agency
funded under title I of this Act resulting from personnel
actions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary resources
available under title I to such department or agency:
Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds to
carry out this section shall be treated as a reprogramming of
funds under section 7015 of this Act.
prohibition on publicity or propaganda
Sec. 7006. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before enactment of this Act
by Congress: Provided, That up to $25,000 may be made
available to carry out the provisions of section 316 of the
International Security and Development Cooperation Act of 1980
(Public Law 96-533; 22 U.S.C. 2151a note).
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall
be obligated or expended to finance directly any assistance or
reparations for the governments of Cuba, North Korea, Iran, or
Syria: Provided, That for purposes of this section, the
prohibition on obligations or expenditures shall include direct
loans, credits, insurance, and guarantees of the Export-Import
Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall
be obligated or expended to finance directly any assistance to
the government of any country whose duly elected head of
government is deposed by military coup d'etat or decree or,
after the date of enactment of this Act, a coup d'etat or
decree in which the military plays a decisive role: Provided,
That assistance may be resumed to such government if the
Secretary of State certifies and reports to the appropriate
congressional committees that subsequent to the termination of
assistance a democratically elected government has taken
office: Provided further, That the provisions of this section
shall not apply to assistance to promote democratic elections
or public participation in democratic processes: Provided
further, That funds made available pursuant to the previous
provisos shall be subject to the regular notification
procedures of the Committees on Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State and United States Agency
for Global Media.--
(1) Department of state.--
(A) In general.--Not to exceed 5 percent of
any appropriation made available for the
current fiscal year for the Department of State
under title I of this Act may be transferred
between, and merged with, such appropriations,
but no such appropriation, except as otherwise
specifically provided, shall be increased by
more than 10 percent by any such transfers, and
no such transfer may be made to increase the
appropriation under the heading
``Representation Expenses''.
(B) Embassy security.--Funds appropriated
under the headings ``Diplomatic Programs'',
including for Worldwide Security Protection,
``Embassy Security, Construction, and
Maintenance'', and ``Emergencies in the
Diplomatic and Consular Service'' in this Act
may be transferred to, and merged with, funds
appropriated under such headings if the
Secretary of State determines and reports to
the Committees on Appropriations that to do so
is necessary to implement the recommendations
of the Benghazi Accountability Review Board,
for emergency evacuations, or to prevent or
respond to security situations and
requirements, following consultation with, and
subject to the regular notification procedures
of, such Committees: Provided, That such
transfer authority is in addition to any
transfer authority otherwise available in this
Act and under any other provision of law.
(2) United states agency for global media.--Not to
exceed 5 percent of any appropriation made available
for the current fiscal year for the United States
Agency for Global Media under title I of this Act may
be transferred between, and merged with, such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by
more than 10 percent by any such transfers.
(3) Treatment as reprogramming.--Any transfer
pursuant to this subsection shall be treated as a
reprogramming of funds under section 7015 of this Act
and shall not be available for obligation or
expenditure except in compliance with the procedures
set forth in that section.
(b) Limitation on Transfers of Funds Between Agencies.--
(1) In general.--None of the funds made available
under titles II through V of this Act may be
transferred to any department, agency, or
instrumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority
provided in, this Act or any other appropriations Act.
(2) Allocation and transfers.--Notwithstanding
paragraph (1), in addition to transfers made by, or
authorized elsewhere in, this Act, funds appropriated
by this Act to carry out the purposes of the Foreign
Assistance Act of 1961 may be allocated or transferred
to agencies of the United States Government pursuant to
the provisions of sections 109, 610, and 632 of the
Foreign Assistance Act of 1961, and section 1434(j) of
the BUILD Act of 2018 (division F of Public Law 115-
254).
(3) Notification.--Any agreement entered into by the
United States Agency for International Development or
the Department of State with any department, agency, or
instrumentality of the United States Government
pursuant to section 632(b) of the Foreign Assistance
Act of 1961 valued in excess of $1,000,000 and any
agreement made pursuant to section 632(a) of such Act,
with funds appropriated by this Act or prior Acts
making appropriations for the Department of State,
foreign operations, and related programs under the
headings ``Global Health Programs'', ``Development
Assistance'', ``Economic Support Fund'', and
``Assistance for Europe, Eurasia and Central Asia''
shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided, That
the requirement in the previous sentence shall not
apply to agreements entered into between USAID and the
Department of State.
(c) Limitation on United States International Development
Finance Corporation.--Amounts transferred pursuant to section
1434(j) of the BUILD Act of 2018 (division F of Public Law 115-
254) may only be transferred from funds made available under
title III of this Act, and such amounts shall not exceed
$50,000,000: Provided, That any such transfers shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided further, That the Secretary of State, the
Administrator of the United States Agency for International
Development, and the Chief Executive Officer of the United
States International Development Finance Corporation (the
Corporation), as appropriate, shall ensure that the programs
funded by such transfers are coordinated with, and complement,
foreign assistance programs implemented by the Department of
State and USAID: Provided further, That no funds transferred
pursuant to such authority may be used by the Corporation to
post personnel abroad or for activities described in section
1421(c) of the BUILD Act of 2018.
(d) Transfer of Funds Between Accounts.--None of the funds
made available under titles II through V of this Act may be
obligated under an appropriations account to which such funds
were not appropriated, except for transfers specifically
provided for in this Act, unless the President, not less than 5
days prior to the exercise of any authority contained in the
Foreign Assistance Act of 1961 to transfer funds, consults with
and provides a written policy justification to the Committees
on Appropriations.
(e) Audit of Inter-Agency Transfers of Funds.--Any agreement
for the transfer or allocation of funds appropriated by this
Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs entered into
between the Department of State or USAID and another agency of
the United States Government under the authority of section
632(a) of the Foreign Assistance Act of 1961, or any comparable
provision of law, shall expressly provide that the Inspector
General (IG) for the agency receiving the transfer or
allocation of such funds, or other entity with audit
responsibility if the receiving agency does not have an IG,
shall perform periodic program and financial audits of the use
of such funds and report to the Department of State or USAID,
as appropriate, upon completion of such audits: Provided, That
such audits shall be transmitted to the Committees on
Appropriations by the Department of State or USAID, as
appropriate: Provided further, That funds transferred under
such authority may be made available for the cost of such
audits.
(f) Transfer of Overseas Contingency Operations/Global War on
Terrorism Funds.--Funds appropriated by this Act under the
headings ``Peacekeeping Operations'' and ``Foreign Military
Financing Program'' that are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985 may be transferred to,
and merged with, such funds appropriated under such headings:
Provided, That such transfer authority may only be exercised to
address contingencies: Provided further, That such transfer
authority is in addition to any transfer authority otherwise
available under any other provision of law, including section
610 of the Foreign Assistance Act of 1961: Provided further,
That such transfer authority shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
prohibition and limitation on certain expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made
available by this Act may be used for first-class travel by
employees of United States Government departments and agencies
funded by this Act in contravention of section 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.
(b) Computer Networks.--None of the funds made available by
this Act for the operating expenses of any United States
Government department or agency may be used to establish or
maintain a computer network for use by such department or
agency unless such network has filters designed to block access
to sexually explicit websites: Provided, That nothing in this
subsection shall limit the use of funds necessary for any
Federal, State, tribal, or local law enforcement agency, or any
other entity carrying out the following activities: criminal
investigations, prosecutions, and adjudications; administrative
discipline; and the monitoring of such websites undertaken as
part of official business.
(c) Prohibition on Promotion of Tobacco.--None of the funds
made available by this Act shall be available to promote the
sale or export of tobacco or tobacco products (including
electronic nicotine delivery systems), or to seek the reduction
or removal by any foreign country of restrictions on the
marketing of tobacco or tobacco products (including electronic
nicotine delivery systems), except for restrictions which are
not applied equally to all tobacco or tobacco products
(including electronic nicotine delivery systems) of the same
type.
(d) Email Servers Outside the .gov Domain.--None of the funds
appropriated by this Act under the headings ``Diplomatic
Programs'' and ``Capital Investment Fund'' in title I, and
``Operating Expenses'' and ``Capital Investment Fund'' in title
II that are made available to the Department of State and the
United States Agency for International Development may be made
available to support the use or establishment of email accounts
or email servers created outside the .gov domain or not fitted
for automated records management as part of a Federal
government records management program in contravention of the
Presidential and Federal Records Act Amendments of 2014 (Public
Law 113-187).
(e) Representation and Entertainment Expenses.--Each Federal
department, agency, or entity funded in titles I or II of this
Act, and the Department of the Treasury and independent
agencies funded in titles III or VI of this Act, shall take
steps to ensure that domestic and overseas representation and
entertainment expenses further official agency business and
United States foreign policy interests, and--
(1) are primarily for fostering relations outside of
the Executive Branch;
(2) are principally for meals and events of a
protocol nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially
of a recreational character.
(f) Limitations on Entertainment Expenses.--None of the funds
appropriated or otherwise made available by this Act under the
headings ``International Military Education and Training'' or
``Foreign Military Financing Program'' for Informational
Program activities or under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support
Fund'', and ``Assistance for Europe, Eurasia and Central Asia''
may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including
entrance fees at sporting events, theatrical and
musical productions, and amusement parks.
availability of funds
Sec. 7011. No part of any appropriation contained in this
Act shall remain available for obligation after the expiration
of the current fiscal year unless expressly so provided by this
Act: Provided, That funds appropriated for the purposes of
chapters 1 and 8 of part I, section 661, chapters 4, 5, 6, 8,
and 9 of part II of the Foreign Assistance Act of 1961, section
23 of the Arms Export Control Act (22 U.S.C. 2763), and funds
made available for ``United States International Development
Finance Corporation'' and under the heading ``Assistance for
Europe, Eurasia and Central Asia'' shall remain available for
an additional 4 years from the date on which the availability
of such funds would otherwise have expired, if such funds are
initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided
further, That notwithstanding any other provision of this Act,
any funds made available for the purposes of chapter 1 of part
I and chapter 4 of part II of the Foreign Assistance Act of
1961 which are allocated or obligated for cash disbursements in
order to address balance of payments or economic policy reform
objectives, shall remain available for an additional 4 years
from the date on which the availability of such funds would
otherwise have expired, if such funds are initially allocated
or obligated before the expiration of their respective periods
of availability contained in this Act: Provided further, That
the Secretary of State and the Administrator of the United
States Agency for International Development shall provide a
report to the Committees on Appropriations not later than
October 31, 2021, detailing by account and source year, the use
of this authority during the previous fiscal year.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under
titles III through VI in this Act shall be used to furnish
assistance to the government of any country which is in default
during a period in excess of 1 calendar year in payment to the
United States of principal or interest on any loan made to the
government of such country by the United States pursuant to a
program for which funds are appropriated under this Act unless
the President determines, following consultation with the
Committees on Appropriations, that assistance for such country
is in the national interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be
made available to provide assistance for a foreign country
under a new bilateral agreement governing the terms and
conditions under which such assistance is to be provided unless
such agreement includes a provision stating that assistance
provided by the United States shall be exempt from taxation, or
reimbursed, by the foreign government, and the Secretary of
State and the Administrator of the United States Agency for
International Development shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary, to
conform with this requirement.
(b) Notification and Reimbursement of Foreign Taxes.--An
amount equivalent to 200 percent of the total taxes assessed
during fiscal year 2021 on funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs by a foreign
government or entity against United States assistance programs,
either directly or through grantees, contractors, and
subcontractors, shall be withheld from obligation from funds
appropriated for assistance for fiscal year 2022 and for prior
fiscal years and allocated for the central government of such
country or for the West Bank and Gaza program, as applicable,
if, not later than September 30, 2022, such taxes have not been
reimbursed: Provided, That the Secretary of State shall report
to the Committees on Appropriations not later than 30 days
after enactment of this Act and then quarterly thereafter until
September 30, 2021, on the foreign governments and entities
that have not reimbursed such taxes, including any amount of
funds withheld pursuant to this subsection.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Reprogramming of Funds.--Funds withheld from obligation
for each foreign government or entity pursuant to subsection
(b) shall be reprogrammed for assistance for countries which do
not assess taxes on United States assistance or which have an
effective arrangement that is providing substantial
reimbursement of such taxes, and that can reasonably
accommodate such assistance in a programmatically responsible
manner.
(e) Determinations.--
(1) In general.--The provisions of this section shall
not apply to any foreign government or entity that
assesses such taxes if the Secretary of State reports
to the Committees on Appropriations that--
(A) such foreign government or entity has an
effective arrangement that is providing
substantial reimbursement of such taxes; or
(B) the foreign policy interests of the
United States outweigh the purpose of this
section to ensure that United States assistance
is not subject to taxation.
(2) Consultation.--The Secretary of State shall
consult with the Committees on Appropriations at least
15 days prior to exercising the authority of this
subsection with regard to any foreign government or
entity.
(f) Implementation.--The Secretary of State shall issue and
update rules, regulations, or policy guidance, as appropriate,
to implement the prohibition against the taxation of assistance
contained in this section.
(g) Definitions.--As used in this section:
(1) Bilateral agreement.--The term ``bilateral
agreement'' refers to a framework bilateral agreement
between the Government of the United States and the
government of the country receiving assistance that
describes the privileges and immunities applicable to
United States foreign assistance for such country
generally, or an individual agreement between the
Government of the United States and such government
that describes, among other things, the treatment for
tax purposes that will be accorded the United States
assistance provided under that agreement.
(2) Taxes and taxation.--The term ``taxes and
taxation'' shall include value added taxes and customs
duties but shall not include individual income taxes
assessed to local staff.
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under
titles III through VI of this Act which are specifically
designated may be reprogrammed for other programs within the
same account notwithstanding the designation if compliance with
the designation is made impossible by operation of any
provision of this or any other Act: Provided, That any such
reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That assistance that is reprogrammed pursuant to this
subsection shall be made available under the same terms and
conditions as originally provided.
(b) Extension of Availability.--In addition to the authority
contained in subsection (a), the original period of
availability of funds appropriated by this Act and administered
by the Department of State or the United States Agency for
International Development that are specifically designated for
particular programs or activities by this or any other Act may
be extended for an additional fiscal year if the Secretary of
State or the USAID Administrator, as appropriate, determines
and reports promptly to the Committees on Appropriations that
the termination of assistance to a country or a significant
change in circumstances makes it unlikely that such designated
funds can be obligated during the original period of
availability: Provided, That such designated funds that
continue to be available for an additional fiscal year shall be
obligated only for the purpose of such designation.
(c) Other Acts.--Ceilings and specifically designated funding
levels contained in this Act shall not be applicable to funds
or authorities appropriated or otherwise made available by any
subsequent Act unless such Act specifically so directs:
Provided, That specifically designated funding levels or
minimum funding requirements contained in any other Act shall
not be applicable to funds appropriated by this Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs, Projects,
and Activities.--None of the funds made available in titles I,
II, and VI, and under the headings ``Peace Corps'' and
``Millennium Challenge Corporation'', of this Act or prior Acts
making appropriations for the Department of State, foreign
operations, and related programs to the departments and
agencies funded by this Act that remain available for
obligation in fiscal year 2021, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees or of currency reflows or other offsetting collections,
or made available by transfer, to the departments and agencies
funded by this Act, shall be available for obligation to--
(1) create new programs;
(2) suspend or eliminate a program, project, or
activity;
(3) close, suspend, open, or reopen a mission or
post;
(4) create, close, reorganize, downsize, or rename
bureaus, centers, or offices; or
(5) contract out or privatize any functions or
activities presently performed by Federal employees;
unless previously justified to the Committees on Appropriations
or such Committees are notified 15 days in advance of such
obligation.
(b) Notification of Reprogramming of Funds.--None of the
funds provided under titles I, II, and VI of this Act or prior
Acts making appropriations for the Department of State, foreign
operations, and related programs, to the departments and
agencies funded under such titles that remain available for
obligation in fiscal year 2021, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the department and agency funded under
title I of this Act, shall be available for obligation or
expenditure for programs, projects, or activities through a
reprogramming of funds in excess of $1,000,000 or 10 percent,
whichever is less, that--
(1) augments or changes existing programs, projects,
or activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing
program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or
(4) results from any general savings, including
savings from a reduction in personnel, which would
result in a change in existing programs, projects, or
activities as approved by Congress;
unless the Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made
available by this Act under the headings ``Global Health
Programs'', ``Development Assistance'', ``International
Organizations and Programs'', ``Trade and Development Agency'',
``International Narcotics Control and Law Enforcement'',
``Economic Support Fund'', ``Democracy Fund'', ``Assistance for
Europe, Eurasia and Central Asia'', ``Peacekeeping
Operations'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', ``Millennium Challenge Corporation'',
``Foreign Military Financing Program'', ``International
Military Education and Training'', ``United States
International Development Finance Corporation'', and ``Peace
Corps'', shall be available for obligation for programs,
projects, activities, type of materiel assistance, countries,
or other operations not justified or in excess of the amount
justified to the Committees on Appropriations for obligation
under any of these specific headings unless the Committees on
Appropriations are notified 15 days in advance of such
obligation: Provided, That the President shall not enter into
any commitment of funds appropriated for the purposes of
section 23 of the Arms Export Control Act for the provision of
major defense equipment, other than conventional ammunition, or
other major defense items defined to be aircraft, ships,
missiles, or combat vehicles, not previously justified to
Congress or 20 percent in excess of the quantities justified to
Congress unless the Committees on Appropriations are notified
15 days in advance of such commitment: Provided further, That
requirements of this subsection or any similar provision of
this or any other Act shall not apply to any reprogramming for
a program, project, or activity for which funds are
appropriated under titles III through VI of this Act of less
than 10 percent of the amount previously justified to Congress
for obligation for such program, project, or activity for the
current fiscal year: Provided further, That any notification
submitted pursuant to subsection (f) of this section shall
include information (if known on the date of transmittal of
such notification) on the use of notwithstanding authority.
(d) Department of Defense Programs and Funding
Notifications.--
(1) Programs.--None of the funds appropriated by this
Act or prior Acts making appropriations for the
Department of State, foreign operations, and related
programs may be made available to support or continue
any program initially funded under any authority of
title 10, United States Code, or any Act making or
authorizing appropriations for the Department of
Defense, unless the Secretary of State, in consultation
with the Secretary of Defense and in accordance with
the regular notification procedures of the Committees
on Appropriations, submits a justification to such
Committees that includes a description of, and the
estimated costs associated with, the support or
continuation of such program.
(2) Funding.--Notwithstanding any other provision of
law, funds transferred by the Department of Defense to
the Department of State and the United States Agency
for International Development for assistance for
foreign countries and international organizations shall
be subject to the regular notification procedures of
the Committees on Appropriations.
(3) Notification on excess defense articles.--Prior
to providing excess Department of Defense articles in
accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall
notify the Committees on Appropriations to the same
extent and under the same conditions as other
committees pursuant to subsection (f) of that section:
Provided, That before issuing a letter of offer to sell
excess defense articles under the Arms Export Control
Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the
regular notification procedures of such Committees if
such defense articles are significant military
equipment (as defined in section 47(9) of the Arms
Export Control Act) or are valued (in terms of original
acquisition cost) at $7,000,000 or more, or if
notification is required elsewhere in this Act for the
use of appropriated funds for specific countries that
would receive such excess defense articles: Provided
further, That such Committees shall also be informed of
the original acquisition cost of such defense articles.
(e) Waiver.--The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular
notification procedures of the Committees on Appropriations,
may be waived if failure to do so would pose a substantial risk
to human health or welfare: Provided, That in case of any such
waiver, notification to the Committees on Appropriations shall
be provided as early as practicable, but in no event later than
3 days after taking the action to which such notification
requirement was applicable, in the context of the circumstances
necessitating such waiver: Provided further, That any
notification provided pursuant to such a waiver shall contain
an explanation of the emergency circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be
obligated or expended for assistance for Afghanistan, Bahrain,
Burma, Cambodia, Colombia, Cuba, Egypt, El Salvador, Ethiopia,
Greenland, Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon,
Libya, Mexico, Nicaragua, Pakistan, Philippines, the Russian
Federation, Somalia, South Sudan, Sri Lanka, Sudan, Syria,
Uzbekistan, Venezuela, Yemen, and Zimbabwe except as provided
through the regular notification procedures of the Committees
on Appropriations.
(g) Trust Funds.--Funds appropriated or otherwise made
available in title III of this Act and prior Acts making funds
available for the Department of State, foreign operations, and
related programs that are made available for a trust fund held
by an international financial institution shall be subject to
the regular notification procedures of the Committees on
Appropriations and such notification shall include the
information specified under this section in House Report 116-
444.
(h) Other Program Notification Requirement.--
(1) Diplomatic programs.--Funds appropriated under
title I of this Act under the heading ``Diplomatic
Programs'' that are made available for lateral entry
into the Foreign Service shall be subject to prior
consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(2) Other programs.--Funds appropriated by this Act
that are made available for the following programs and
activities shall be subject to the regular notification
procedures of the Committees on Appropriations:
(A) the Global Engagement Center, except that
the Secretary of State shall consult with the
Committees on Appropriations prior to
submitting such notification;
(B) the Power Africa and Prosper Africa
initiatives;
(C) community-based police assistance
conducted pursuant to the authority of section
7035(a)(1) of this Act;
(D) the Prevention and Stabilization Fund and
the Multi-Donor Global Fragility Fund;
(E) the Indo-Pacific Strategy;
(F) the Global Security Contingency Fund;
(G) the Countering Chinese Influence Fund and
the Countering Russian Influence Fund;
(H) the Program to End Modern Slavery; and
(I) the Women's Global Development and
Prosperity Fund.
(3) Democracy program policy and procedures.--
Modifications to democracy program policy and
procedures, including relating to the use of consortia,
by the Department of State and USAID shall be subject
to prior consultation with, and the regular
notification procedures of, the Committees on
Appropriations.
(4) Arms sales.--The reports, notifications, and
certifications, and any other documents, required to be
submitted pursuant to section 36(a) of the Arms Export
Control Act (22 U.S.C. 2776), and such documents
submitted pursuant to section 36(b) through (d) of such
Act with respect to countries that have received
assistance provided with funds appropriated by this Act
or prior Acts making appropriations for the Department
of State, foreign operations, and related programs,
shall be concurrently submitted to the Committees on
Appropriations and shall include information about the
source of funds for any sale or transfer, as
applicable, if known at the time of submission.
(i) Withholding of Funds.--Funds appropriated by this Act
under titles III and IV that are withheld from obligation or
otherwise not programmed as a result of application of a
provision of law in this or any other Act shall, if
reprogrammed, be subject to the regular notification procedures
of the Committees on Appropriations.
(j) Foreign Assistance and Global Health Security Reviews.--
Funds appropriated by this Act that are made available to make
programmatic, funding, and organizational changes resulting
from implementation of any foreign assistance review or
realignment shall be subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations: Provided, That such notifications may be
submitted in classified form, if necessary: Provided further,
That the consultation requirement of this subsection shall
apply to global health security programs, to include the Global
Health Security Agenda and emergency health responses.
(k) Prior Consultation Requirement.--The Secretary of State,
the Administrator of the United States Agency for International
Development, the Chief Executive Officer of the United States
International Development Finance Corporation, and the Chief
Executive Officer of the Millennium Challenge Corporation shall
consult with the Committees on Appropriations at least 7 days
prior to informing a government of, or publically announcing a
decision on, the suspension or early termination of assistance
to a country or a territory, including as a result of an
interagency review of such assistance, from funds appropriated
by this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs:
Provided, That such consultation shall include a detailed
justification for such suspension, including a description of
the assistance being suspended.
(l) Report on Funds Received From Foreign Governments.--The
Secretary of State and the USAID Administrator, as appropriate,
shall report to the Committees on Appropriations on a quarterly
basis until September 30, 2021, on funds received from foreign
governments pursuant to sections 607 and 635(d) of the Foreign
Assistance Act of 1961, other than from countries that are
North Atlantic Treaty Organization (NATO) or major non-NATO
allies designated pursuant to section 517(b) of such Act:
Provided, That such report shall include the requirements
described under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
document requests, records management, and related cybersecurity
protections
Sec. 7016. (a) Document Requests.--None of the funds
appropriated or made available pursuant to titles III through
VI of this Act shall be available to a nongovernmental
organization, including any contractor, which fails to provide
upon timely request any document, file, or record necessary to
the auditing requirements of the Department of State and the
United States Agency for International Development.
(b) Records Management and Related Cybersecurity
Protections.--The Secretary of State and USAID Administrator
shall--
(1) regularly review and update the policies,
directives, and oversight necessary to comply with
Federal statutes, regulations, and presidential
executive orders and memoranda concerning the
preservation of all records made or received in the
conduct of official business, including record emails,
instant messaging, and other online tools;
(2) use funds appropriated by this Act under the
headings ``Diplomatic Programs'' and ``Capital
Investment Fund'' in title I, and ``Operating
Expenses'' and ``Capital Investment Fund'' in title II,
as appropriate, to improve Federal records management
pursuant to the Federal Records Act (44 U.S.C. Chapters
21, 29, 31, and 33) and other applicable Federal
records management statutes, regulations, or policies
for the Department of State and USAID;
(3) direct departing employees, including senior
officials, that all Federal records generated by such
employees belong to the Federal Government;
(4) substantially reduce, compared to the previous
fiscal year, the response time for identifying and
retrieving Federal records, including requests made
pursuant to section 552 of title 5, United States Code
(commonly known as the ``Freedom of Information Act'');
and
(5) strengthen cybersecurity measures to mitigate
vulnerabilities, including those resulting from the use
of personal email accounts or servers outside the .gov
domain, improve the process to identify and remove
inactive user accounts, update and enforce guidance
related to the control of national security
information, and implement the recommendations of the
applicable reports of the cognizant Office of Inspector
General.
use of funds in contravention of this act
Sec. 7017. If the President makes a determination not to
comply with any provision of this Act on constitutional
grounds, the head of the relevant Federal agency shall notify
the Committees on Appropriations in writing within 5 days of
such determination, the basis for such determination and any
resulting changes to program or policy.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method of
family planning or to motivate or coerce any person to practice
abortions. None of the funds made available to carry out part I
of the Foreign Assistance Act of 1961, as amended, may be used
to pay for the performance of involuntary sterilization as a
method of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to
methods of, or the performance of, abortions or involuntary
sterilization as a means of family planning. None of the funds
made available to carry out part I of the Foreign Assistance
Act of 1961, as amended, may be obligated or expended for any
country or organization if the President certifies that the use
of these funds by any such country or organization would
violate any of the above provisions related to abortions and
involuntary sterilizations.
allocations and reports
Sec. 7019. (a) Allocation Tables.--Subject to subsection (b),
funds appropriated by this Act under titles III through V shall
be made available at not less than the amounts specifically
designated in the respective tables included in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That such
designated amounts for foreign countries and international
organizations shall serve as the amounts for such countries and
international organizations transmitted to Congress in the
report required by section 653(a) of the Foreign Assistance Act
of 1961, and shall be made available for such foreign countries
and international organizations notwithstanding the date of the
transmission of such report.
(b) Authorized Deviations Below Minimum Levels.--Unless
otherwise provided for by this Act, the Secretary of State and
the Administrator of the United States Agency for International
Development, as applicable, may deviate by not more than 10
percent below the minimum amounts specifically designated in
the respective tables in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided, That deviations pursuant to this
subsection shall be subject to prior consultation with the
Committees on Appropriations.
(c) Limitation.--For specifically designated amounts that are
included, pursuant to subsection (a), in the report required by
section 653(a) of the Foreign Assistance Act of 1961,
deviations authorized by subsection (b) may only take place
after submission of such report.
(d) Exceptions.--
(1) Subsections (a) and (b) shall not apply to--
(A) amounts designated for ``International
Military Education and Training'' in the
respective tables included in the explanatory
statement described in section 4 (in the matter
preceding division A of this consolidated Act);
(B) funds for which the initial period of
availability has expired; and
(C) amounts designated by this Act as minimum
funding requirements.
(2) The authority in subsection (b) to deviate below
amounts designated in the respective tables included in
the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated
Act) shall not apply to the table included under the
heading ``Global Health Programs'' in such statement.
(3) With respect to the amounts designated for
``Global Programs'' in the table under the heading
``Economic Support Fund'' included in the explanatory
statement described in section 4 (in the matter
preceding division A of this consolidated Act),
subsection (b) shall be applied by substituting ``5
percent'' for ``10 percent''.
(e) Reports.--The Secretary of State, USAID Administrator,
and other designated officials, as appropriate, shall submit
the reports required, in the manner described, in House Report
116-444 and the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act),
unless directed otherwise in such explanatory statement.
(f) Clarification.--Funds appropriated by this Act under the
headings ``International Disaster Assistance'' and ``Migration
and Refugee Assistance'' shall not be included for purposes of
meeting amounts designated for countries in this Act or the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), unless such
headings are specifically designated as the source of funds.
multi-year pledges
Sec. 7020. None of the funds appropriated or otherwise made
available by this Act may be used to make any pledge for future
year funding for any multilateral or bilateral program funded
in titles III through VI of this Act unless such pledge meets
one or more of the requirements enumerated under section 7066
of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2019 (division F of Public Law
116-6).
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or
otherwise made available under titles III through VI of
this Act may be made available to any foreign
government which provides lethal military equipment to
a country the government of which the Secretary of
State has determined supports international terrorism
for purposes of section 1754(c) of the Export Reform
Control Act of 2018 (50 U.S.C. 4813(c)): Provided,
That the prohibition under this section with respect to
a foreign government shall terminate 12 months after
that government ceases to provide such military
equipment: Provided further, That this section applies
with respect to lethal military equipment provided
under a contract entered into after October 1, 1997.
(2) Determination.--Assistance restricted by
paragraph (1) or any other similar provision of law,
may be furnished if the President determines that to do
so is important to the national interest of the United
States.
(3) Report.--Whenever the President makes a
determination pursuant to paragraph (2), the President
shall submit to the Committees on Appropriations a
report with respect to the furnishing of such
assistance, including a detailed explanation of the
assistance to be provided, the estimated dollar amount
of such assistance, and an explanation of how the
assistance furthers United States national interest.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral
assistance in titles III through VI of this Act and
funds appropriated under any such title in prior Acts
making appropriations for the Department of State,
foreign operations, and related programs, shall not be
made available to any foreign government which the
President determines--
(A) grants sanctuary from prosecution to any
individual or group which has committed an act
of international terrorism;
(B) otherwise supports international
terrorism; or
(C) is controlled by an organization
designated as a terrorist organization under
section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application
of paragraph (1) to a government if the President
determines that national security or humanitarian
reasons justify such waiver: Provided, That the
President shall publish each such waiver in the Federal
Register and, at least 15 days before the waiver takes
effect, shall notify the Committees on Appropriations
of the waiver (including the justification for the
waiver) in accordance with the regular notification
procedures of the Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development
Agency'', may be obligated and expended notwithstanding section
10 of Public Law 91-672 (22 U.S.C. 2412), section 15 of the
State Department Basic Authorities Act of 1956 (22 U.S.C.
2680), section 313 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section
504(a)(1) of the National Security Act of 1947 (50 U.S.C.
3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this
Act ``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all
appropriations and authorizations Acts funding directives,
ceilings, and limitations with the exception that for the
``Economic Support Fund'', ``Assistance for Europe, Eurasia and
Central Asia'', and ``Foreign Military Financing Program''
accounts, ``program, project, and activity'' shall also be
considered to include country, regional, and central program
level funding within each such account, and for the development
assistance accounts of the United States Agency for
International Development, ``program, project, and activity''
shall also be considered to include central, country, regional,
and program level funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance
with the report required by section 653(a) of the
Foreign Assistance Act of 1961 or as modified pursuant
to section 7019 of this Act.
authorities for the peace corps, inter-american foundation, and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for the Department of State, foreign operations, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act, or the African Development
Foundation Act: Provided, That prior to conducting activities
in a country for which assistance is prohibited, the agency
shall consult with the Committees on Appropriations and report
to such Committees within 15 days of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds appropriated
or made available pursuant to titles III through VI of this Act
for direct assistance and none of the funds otherwise made
available to the Export-Import Bank and the United States
International Development Finance Corporation shall be
obligated or expended to finance any loan, any assistance, or
any other financial commitments for establishing or expanding
production of any commodity for export by any country other
than the United States, if the commodity is likely to be in
surplus on world markets at the time the resulting productive
capacity is expected to become operative and if the assistance
will cause substantial injury to United States producers of the
same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the
judgment of its Board of Directors the benefits to industry and
employment in the United States are likely to outweigh the
injury to United States producers of the same, similar, or
competing commodity, and the Chairman of the Board so notifies
the Committees on Appropriations: Provided further, That this
subsection shall not prohibit--
(1) activities in a country that is eligible for
assistance from the International Development
Association, is not eligible for assistance from the
International Bank for Reconstruction and Development,
and does not export on a consistent basis the
agricultural commodity with respect to which assistance
is furnished; or
(2) activities in a country the President determines
is recovering from widespread conflict, a humanitarian
crisis, or a complex emergency.
(b) Exports.--None of the funds appropriated by this or any
other Act to carry out chapter 1 of part I of the Foreign
Assistance Act of 1961 shall be available for any testing or
breeding feasibility study, variety improvement or
introduction, consultancy, publication, conference, or training
in connection with the growth or production in a foreign
country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the
United States: Provided, That this subsection shall not
prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not
have a significant impact on the export of agricultural
commodities of the United States;
(2) research activities intended primarily to benefit
United States producers;
(3) activities in a country that is eligible for
assistance from the International Development
Association, is not eligible for assistance from the
International Bank for Reconstruction and Development,
and does not export on a consistent basis the
agricultural commodity with respect to which assistance
is furnished; or
(4) activities in a country the President determines
is recovering from widespread conflict, a humanitarian
crisis, or a complex emergency.
(c) International Financial Institutions.--The Secretary of
the Treasury shall instruct the United States executive
directors of the international financial institutions to use
the voice and vote of the United States to oppose any
assistance by such institutions, using funds appropriated or
otherwise made available by this Act, for the production or
extraction of any commodity or mineral for export, if it is in
surplus on world markets and if the assistance will cause
substantial injury to United States producers of the same,
similar, or competing commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10
of part I or chapter 4 of part II of the Foreign
Assistance Act of 1961 under agreements which result in
the generation of local currencies of that country, the
Administrator of the United States Agency for
International Development shall--
(A) require that local currencies be
deposited in a separate account established by
that government;
(B) enter into an agreement with that
government which sets forth--
(i) the amount of the local
currencies to be generated; and
(ii) the terms and conditions under
which the currencies so deposited may
be utilized, consistent with this
section; and
(C) establish by agreement with that
government the responsibilities of USAID and
that government to monitor and account for
deposits into and disbursements from the
separate account.
(2) Uses of local currencies.--As may be agreed upon
with the foreign government, local currencies deposited
in a separate account pursuant to subsection (a), or an
equivalent amount of local currencies, shall be used
only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance
Act of 1961 (as the case may be), for such
purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of
the United States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the
local currencies disbursed pursuant to subsection
(a)(2)(A) from the separate account established
pursuant to subsection (a)(1) are used for the purposes
agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon
termination of assistance to a country under chapter 1
or 10 of part I or chapter 4 of part II of the Foreign
Assistance Act of 1961 (as the case may be), any
unencumbered balances of funds which remain in a
separate account established pursuant to subsection (a)
shall be disposed of for such purposes as may be agreed
to by the government of that country and the United
States Government.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to
the government of a foreign country, under chapter 1 or
10 of part I or chapter 4 of part II of the Foreign
Assistance Act of 1961, as cash transfer assistance or
as nonproject sector assistance, that country shall be
required to maintain such funds in a separate account
and not commingle with any other funds.
(2) Applicability of other provisions of law.--Such
funds may be obligated and expended notwithstanding
provisions of law which are inconsistent with the
nature of this assistance including provisions which
are referenced in the Joint Explanatory Statement of
the Committee of Conference accompanying House Joint
Resolution 648 (House Report No. 98-1159).
(3) Notification.--At least 15 days prior to
obligating any such cash transfer or nonproject sector
assistance, the President shall submit a notification
through the regular notification procedures of the
Committees on Appropriations, which shall include a
detailed description of how the funds proposed to be
made available will be used, with a discussion of the
United States interests that will be served by such
assistance (including, as appropriate, a description of
the economic policy reforms that will be promoted by
such assistance).
(4) Exemption.--Nonproject sector assistance funds
may be exempt from the requirements of paragraph (1)
only through the regular notification procedures of the
Committees on Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other Act
with respect to assistance for a country shall not be construed
to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1, 10, 11, and 12
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'': Provided,
That before using the authority of this subsection to furnish
assistance in support of programs of nongovernmental
organizations, the President shall notify the Committees on
Appropriations pursuant to the regular notification procedures,
including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection
shall be construed to alter any existing statutory prohibitions
against abortion or involuntary sterilizations contained in
this or any other Act.
(b) Public Law 480.--During fiscal year 2021, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Food for Peace Act (Public Law 83-480; 7 U.S.C. 1721
et seq.): Provided, That none of the funds appropriated to
carry out title I of such Act and made available pursuant to
this subsection may be obligated or expended except as provided
through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to countries that support
international terrorism; or
(2) with respect to section 116 of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to the government of a
country that violates internationally recognized human
rights.
local competition
Sec. 7028. (a) Requirements for Exceptions to Competition for
Local Entities.--Funds appropriated by this Act that are made
available to the United States Agency for International
Development may only be made available for limited competitions
through local entities if--
(1) prior to the determination to limit competition
to local entities, USAID has--
(A) assessed the level of local capacity to
effectively implement, manage, and account for
programs included in such competition; and
(B) documented the written results of the
assessment and decisions made; and
(2) prior to making an award after limiting
competition to local entities--
(A) each successful local entity has been
determined to be responsible in accordance with
USAID guidelines; and
(B) effective monitoring and evaluation
systems are in place to ensure that award
funding is used for its intended purposes; and
(3) no level of acceptable fraud is assumed.
(b) Extension of Procurement Authority.--Section 7077 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-74)
shall continue in effect during fiscal year 2021.
international financial institutions
Sec. 7029. (a) Evaluations and Report.--The Secretary of the
Treasury shall instruct the United States executive director of
each international financial institution to use the voice of
the United States to encourage such institution to adopt and
implement a publicly available policy, including the strategic
use of peer reviews and external experts, to conduct
independent, in-depth evaluations of the effectiveness of at
least 35 percent of all loans, grants, programs, and
significant analytical non-lending activities in advancing the
institution's goals of reducing poverty and promoting equitable
economic growth, consistent with relevant safeguards, to ensure
that decisions to support such loans, grants, programs, and
activities are based on accurate data and objective analysis:
Provided, That not later than 45 days after enactment of this
Act, the Secretary shall submit a report to the Committees on
Appropriations on steps taken in fiscal year 2020 by the United
States executive directors and the international financial
institutions consistent with this subsection compared to the
previous fiscal year.
(b) Safeguards.--
(1) Standard.--The Secretary of the Treasury shall
instruct the United States Executive Director of the
International Bank for Reconstruction and Development
and the International Development Association to use
the voice and vote of the United States to oppose any
loan, grant, policy, or strategy if such institution
has adopted and is implementing any social or
environmental safeguard relevant to such loan, grant,
policy, or strategy that provides less protection than
World Bank safeguards in effect on September 30, 2015.
(2) Accountability, standards, and best practices.--
The Secretary of the Treasury shall instruct the United
States executive director of each international
financial institution to use the voice and vote of the
United States to oppose loans or other financing for
projects unless such projects--
(A) provide for accountability and
transparency, including the collection,
verification, and publication of beneficial
ownership information related to extractive
industries and on-site monitoring during the
life of the project;
(B) will be developed and carried out in
accordance with best practices regarding
environmental conservation, cultural
protection, and empowerment of local
populations, including free, prior and informed
consent of affected indigenous communities;
(C) do not provide incentives for, or
facilitate, forced displacement or other
violations of human rights; and
(D) do not partner with or otherwise involve
enterprises owned or controlled by the armed
forces.
(c) Compensation.--None of the funds appropriated under title
V of this Act may be made as payment to any international
financial institution while the United States executive
director to such institution is compensated by the institution
at a rate which, together with whatever compensation such
executive director receives from the United States, is in
excess of the rate provided for an individual occupying a
position at level IV of the Executive Schedule under section
5315 of title 5, United States Code, or while any alternate
United States executive director to such institution is
compensated by the institution at a rate in excess of the rate
provided for an individual occupying a position at level V of
the Executive Schedule under section 5316 of title 5, United
States Code.
(d) Human Rights.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to use the voice and vote
of the United States to promote human rights due diligence and
risk management, as appropriate, in connection with any loan,
grant, policy, or strategy of such institution in accordance
with the requirements specified under this subsection in House
Report 116-444: Provided, That prior to voting on any such
loan, grant, policy, or strategy the executive director shall
consult with the Assistant Secretary for Democracy, Human
Rights, and Labor, Department of State, if the executive
director has reason to believe that such loan, grant, policy,
or strategy could result in forced displacement or other
violations of human rights.
(e) Fraud and Corruption.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to use the voice of the
United States to include in loan, grant, and other financing
agreements improvements in borrowing countries' financial
management and judicial capacity to investigate, prosecute, and
punish fraud and corruption.
(f) Beneficial Ownership Information.--The Secretary of the
Treasury shall instruct the United States executive director of
each international financial institution to use the voice of
the United States to encourage such institution to collect,
verify, and publish, to the maximum extent practicable,
beneficial ownership information (excluding proprietary
information) for any corporation or limited liability company,
other than a publicly listed company, that receives funds from
any such financial institution: Provided, That not later than
45 days after enactment of this Act, the Secretary shall submit
a report to the Committees on Appropriations on steps taken in
fiscal year 2020 by the United States executive directors and
the international financial institutions consistent with this
subsection compared to the previous fiscal year.
(g) Whistleblower Protections.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to use the voice of the
United States to encourage each such institution to effectively
implement and enforce policies and procedures which meet or
exceed best practices in the United States for the protection
of whistleblowers from retaliation, including--
(1) protection against retaliation for internal and
lawful public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to binding independent adjudicative
bodies, including shared cost and selection external
arbitration; and
(5) results that eliminate the effects of proven
retaliation, including provision for the restoration of
prior employment.
insecure communications networks
Sec. 7030. Funds appropriated by this Act shall be made
available for programs, including through the Digital
Connectivity and Cybersecurity Partnership, to--
(1) advance the adoption of secure, next-generation
communications networks and services, including 5G, and
cybersecurity policies, in countries receiving
assistance under this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs;
(2) counter the establishment of insecure
communications networks and services, including 5G,
promoted by the People's Republic of China and other
state-backed enterprises that are subject to undue or
extrajudicial control by their country of origin; and
(3) provide policy and technical training on
deploying open, interoperable, reliable, and secure
networks to information communication technology
professionals in countries receiving assistance under
this Act, as appropriate:
Provided, That such funds may be used to support the
participation of foreign military officials in programs
designed to strengthen civilian cybersecurity capacity,
following consultation with the Committees on Appropriations.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) Requirements.--Funds appropriated by this Act may
be made available for direct government-to-government
assistance only if the requirements included in section
7031(a)(1)(A) through (E) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2019 (division F of Public Law 116-6) are fully
met.
(2) Consultation and notification.--In addition to
the requirements in paragraph (1), funds may only be
made available for direct government-to-government
assistance subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations: Provided, That such notification shall
contain an explanation of how the proposed activity
meets the requirements of paragraph (1): Provided
further, That the requirements of this paragraph shall
only apply to direct government-to-government
assistance in excess of $10,000,000 and all funds
available for cash transfer, budget support, and cash
payments to individuals.
(3) Suspension of assistance.--The Administrator of
the United States Agency for International Development
or the Secretary of State, as appropriate, shall
suspend any direct government-to-government assistance
if the Administrator or the Secretary has credible
information of material misuse of such assistance,
unless the Administrator or the Secretary reports to
the Committees on Appropriations that it is in the
national interest of the United States to continue such
assistance, including a justification, or that such
misuse has been appropriately addressed.
(4) Submission of information.--The Secretary of
State shall submit to the Committees on Appropriations,
concurrent with the fiscal year 2022 congressional
budget justification materials, amounts planned for
assistance described in paragraph (1) by country,
proposed funding amount, source of funds, and type of
assistance.
(5) Debt service payment prohibition.--None of the
funds made available by this Act may be used by the
government of any foreign country for debt service
payments owed by any country to any international
financial institution.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The
Secretary of State shall continue to update and
strengthen the ``minimum requirements of fiscal
transparency'' for each government receiving assistance
appropriated by this Act, as identified in the report
required by section 7031(b) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2014 (division K of Public Law 113-76).
(2) Determination and report.--For each government
identified pursuant to paragraph (1), the Secretary of
State, not later than 180 days after enactment of this
Act, shall make or update any determination of
``significant progress'' or ``no significant progress''
in meeting the minimum requirements of fiscal
transparency, and make such determinations publicly
available in an annual ``Fiscal Transparency Report''
to be posted on the Department of State website:
Provided, That such report shall include the elements
included under this section in the explanatory
statement described in section 4 in the matter
preceding division A of Public Law 116-94.
(3) Assistance.--Not less than $7,000,000 of the
funds appropriated by this Act under the heading
``Economic Support Fund'' shall be made available for
programs and activities to assist governments
identified pursuant to paragraph (1) to improve budget
transparency and to support civil society organizations
in such countries that promote budget transparency.
(c) Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--
(A) Officials of foreign governments and
their immediate family members about whom the
Secretary of State has credible information
have been involved, directly or indirectly, in
significant corruption, including corruption
related to the extraction of natural resources,
or a gross violation of human rights, including
the wrongful detention of locally employed
staff of a United States diplomatic mission or
a United States citizen or national, shall be
ineligible for entry into the United States.
(B) The Secretary shall also publicly or
privately designate or identify the officials
of foreign governments and their immediate
family members about whom the Secretary has
such credible information without regard to
whether the individual has applied for a visa.
(2) Exception.--Individuals shall not be ineligible
for entry into the United States pursuant to paragraph
(1) if such entry would further important United States
law enforcement objectives or is necessary to permit
the United States to fulfill its obligations under the
United Nations Headquarters Agreement: Provided, That
nothing in paragraph (1) shall be construed to derogate
from United States Government obligations under
applicable international agreements.
(3) Waiver.--The Secretary may waive the application
of paragraph (1) if the Secretary determines that the
waiver would serve a compelling national interest or
that the circumstances which caused the individual to
be ineligible have changed sufficiently.
(4) Report.--Not later than 30 days after enactment
of this Act, and every 90 days thereafter until
September 30, 2021, the Secretary of State shall submit
a report, including a classified annex if necessary, to
the appropriate congressional committees and the
Committees on the Judiciary describing the information
related to corruption or violation of human rights
concerning each of the individuals found ineligible in
the previous 12 months pursuant to paragraph (1)(A) as
well as the individuals who the Secretary designated or
identified pursuant to paragraph (1)(B), or who would
be ineligible but for the application of paragraph (2),
a list of any waivers provided under paragraph (3), and
the justification for each waiver.
(5) Posting of report.--Any unclassified portion of
the report required under paragraph (4) shall be posted
on the Department of State website.
(6) Clarification.--For purposes of paragraphs (1),
(4), and (5), the records of the Department of State
and of diplomatic and consular offices of the United
States pertaining to the issuance or refusal of visas
or permits to enter the United States shall not be
considered confidential.
(d) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall
be made available to promote and support transparency
and accountability of expenditures and revenues related
to the extraction of natural resources, including by
strengthening implementation and monitoring of the
Extractive Industries Transparency Initiative,
implementing and enforcing section 8204 of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-
246; 122 Stat. 2052) and the amendments made by such
section, and to prevent the sale of conflict diamonds,
and provide technical assistance to promote independent
audit mechanisms and support civil society
participation in natural resource management.
(2) Public disclosure and independent audits.--(A)
The Secretary of the Treasury shall instruct the
executive director of each international financial
institution that it is the policy of the United States
to use the voice and vote of the United States to
oppose any assistance by such institutions (including
any loan, credit, grant, or guarantee) to any country
for the extraction and export of a natural resource if
the government of such country has in place laws,
regulations, or procedures to prevent or limit the
public disclosure of company payments as required by
United States law, and unless such government has
adopted laws, regulations, or procedures in the sector
in which assistance is being considered to meet the
standards included under this section in the
explanatory statement described in section 4 in the
matter preceding division A of Public Law 116-94.
(B) The requirements of subparagraph (A) shall not
apply to assistance for the purpose of building the
capacity of such government to meet the requirements of
such subparagraph.
(e) Foreign Assistance Website.--Funds appropriated by this
Act under titles I and II, and funds made available for any
independent agency in title III, as appropriate, shall be made
available to support the provision of additional information on
United States Government foreign assistance on the
``ForeignAssistance.gov'' website: Provided, That all Federal
agencies funded under this Act shall provide such information
on foreign assistance, upon request and in a timely manner, to
the Department of State and USAID.
democracy programs
Sec. 7032. (a) Funding.--
(1) In general.--Of the funds appropriated by this
Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'',
and ``International Narcotics Control and Law
Enforcement'', not less than $2,417,000,000 shall be
made available for democracy programs.
(2) Programs.--Of the funds made available for
democracy programs under the headings ``Economic
Support Fund'' and ``Assistance for Europe, Eurasia and
Central Asia'' pursuant to paragraph (1), not less than
$102,040,000 shall be made available to the Bureau of
Democracy, Human Rights, and Labor, Department of
State, at not less than the amounts specified for
certain countries and regional programs designated in
the table under this section in the explanatory
statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(b) Authorities.--
(1) Availability.--Funds made available by this Act
for democracy programs pursuant to subsection (a) and
under the heading ``National Endowment for Democracy''
may be made available notwithstanding any other
provision of law, and with regard to the National
Endowment for Democracy (NED), any regulation.
(2) Beneficiaries.--Funds made available by this Act
for the NED are made available pursuant to the
authority of the National Endowment for Democracy Act
(title V of Public Law 98-164), including all decisions
regarding the selection of beneficiaries.
(c) Definition of Democracy Programs.--For purposes of funds
appropriated by this Act, the term ``democracy programs'' means
programs that support good governance, credible and competitive
elections, freedom of expression, association, assembly, and
religion, human rights, labor rights, independent media, and
the rule of law, and that otherwise strengthen the capacity of
democratic political parties, governments, nongovernmental
organizations and institutions, and citizens to support the
development of democratic states and institutions that are
responsive and accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant to
this section that are made available for programs to strengthen
government institutions shall be prioritized for those
institutions that demonstrate a commitment to democracy and the
rule of law.
(e) Restriction on Prior Approval.--With respect to the
provision of assistance for democracy programs in this Act, the
organizations implementing such assistance, the specific nature
of that assistance, and the participants in such programs shall
not be subject to the prior approval by the government of any
foreign country: Provided, That the Secretary of State, in
coordination with the Administrator of the United States Agency
for International Development, shall report to the Committees
on Appropriations, not later than 120 days after enactment of
this Act, detailing steps taken by the Department of State and
USAID to comply with the requirements of this subsection.
(f) Continuation of Current Practices.--USAID shall continue
to implement civil society and political competition and
consensus building programs abroad with funds appropriated by
this Act in a manner that recognizes the unique benefits of
grants and cooperative agreements in implementing such
programs.
(g) Informing the National Endowment for Democracy.--The
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, and the Assistant Administrator for
Democracy, Conflict, and Humanitarian Assistance, USAID, shall
regularly inform the NED of democracy programs that are planned
and supported by funds made available by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs.
(h) Protection of Civil Society Activists and Journalists.--
Of the funds appropriated by this Act under the headings
``Economic Support Fund'' and ``Democracy Fund'', not less than
$25,000,000 shall be made available to support and protect
civil society activists and journalists who have been
threatened, harassed, or attacked, including journalists
affiliated with the United States Agency for Global Media,
consistent with the action plan required under this section in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), and on the same
terms and conditions of section 7032(i) of the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2018 (division K of Public Law 115-141).
(i) International Freedom of Expression.--
(1) Operations.--Funds appropriated by this Act under
the heading ``Diplomatic Programs'' shall be made
available for the Bureau of Democracy, Human Rights,
and Labor, Department of State, for the costs of
administering programs designed to promote and defend
freedom of expression and the independence of the media
in countries where such freedom and independence are
restricted or denied.
(2) Assistance.--Of the funds appropriated by this
Act under the heading ``Economic Support Fund'', not
less than $15,000,000 shall be made available for
programs that promote and defend freedom of expression
and the independence of the media abroad: Provided,
That such funds are in addition to funds otherwise made
available by this Act for such purposes, and are
intended to complement emergency and safety programs
for civil society, including journalists and media
outlets at risk: Provided further, That such funds
shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office.--Funds
appropriated by this Act under the heading ``Diplomatic
Programs'' shall be made available for the Office of
International Religious Freedom, Department of State, including
for support staff, at not less than the amounts specified for
such office in the table under such heading in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(b) Assistance.--Funds appropriated by this Act under the
headings ``Economic Support Fund'', ``Democracy Fund'', and
``International Broadcasting Operations'' shall be made
available for international religious freedom programs and
funds appropriated by this Act under the headings
``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall be made available for humanitarian
assistance for vulnerable and persecuted religious minorities:
Provided, That funds made available by this Act under the
headings ``Economic Support Fund'' and ``Democracy Fund''
pursuant to this section shall be the responsibility of the
Ambassador-at-Large for International Religious Freedom, in
consultation with other relevant United States Government
officials, and shall be subject to prior consultation with the
Committees on Appropriations.
(c) Authority.--Funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs under the heading ``Economic
Support Fund'' may be made available notwithstanding any other
provision of law for assistance for ethnic and religious
minorities in Iraq and Syria.
(d) Designation of Non-State Actors.--Section 7033(e) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31)
shall continue in effect during fiscal year 2021.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and
Displaced Burmese.--Funds appropriated in title III of this Act
that are made available for victims of war, displaced children,
displaced Burmese, and to combat trafficking in persons and
assist victims of such trafficking, may be made available
notwithstanding any other provision of law.
(b) Forensic Assistance.--
(1) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$15,500,000 shall be made available for forensic
anthropology assistance related to the exhumation and
identification of victims of war crimes, crimes against
humanity, and genocide, including in Central America,
which shall be administered by the Assistant Secretary
for Democracy, Human Rights, and Labor, Department of
State: Provided, That such funds shall be in addition
to funds made available by this Act and prior Acts
making appropriations for the Department of State,
foreign operations, and related programs for assistance
for countries.
(2) Of the funds appropriated by this Act under the
heading ``International Narcotics Control and Law
Enforcement'', not less than $10,000,000 shall be made
available for DNA forensic technology programs to
combat human trafficking in Central America and Mexico.
(c) Atrocities Prevention.--Of the funds appropriated by this
Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'', not
less than $5,000,000 shall be made available for programs to
prevent atrocities, including to implement recommendations of
the Atrocities Prevention Board: Provided, That funds made
available pursuant to this subsection are in addition to
amounts otherwise made available for such purposes: Provided
further, That such funds shall be subject to the regular
notification procedures of the Committees on Appropriations.
(d) World Food Programme.--Funds managed by the Bureau for
Humanitarian Assistance, United States Agency for International
Development, from this or any other Act, may be made available
as a general contribution to the World Food Programme,
notwithstanding any other provision of law.
(e) Directives and Authorities.--
(1) Research and training.--Funds appropriated by
this Act under the heading ``Assistance for Europe,
Eurasia and Central Asia'' shall be made available to
carry out the Program for Research and Training on
Eastern Europe and the Independent States of the Former
Soviet Union as authorized by the Soviet-Eastern
European Research and Training Act of 1983 (22 U.S.C.
4501 et seq.).
(2) Genocide victims memorial sites.--Funds
appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under the headings
``Economic Support Fund'' and ``Assistance for Europe,
Eurasia and Central Asia'' may be made available as
contributions to establish and maintain memorial sites
of genocide, subject to the regular notification
procedures of the Committees on Appropriations.
(3) Private sector partnerships.--Of the funds
appropriated by this Act under the headings
``Development Assistance'' and ``Economic Support
Fund'' that are made available for private sector
partnerships, up to $50,000,000 may remain available
until September 30, 2023: Provided, That funds made
available pursuant to this paragraph may only be made
available following prior consultation with the
appropriate congressional committees, and the regular
notification procedures of the Committees on
Appropriations.
(4) Additional authorities.--Of the amounts made
available by title I of this Act under the heading
``Diplomatic Programs'', up to $500,000 may be made
available for grants pursuant to section 504 of the
Foreign Relations Authorization Act, Fiscal Year 1979
(22 U.S.C. 2656d), including to facilitate
collaboration with indigenous communities, and up to
$1,000,000 may be made available for grants to carry
out the activities of the Cultural Antiquities Task
Force.
(5) Innovation.--The USAID Administrator may use
funds appropriated by this Act under title III to make
innovation incentive awards in accordance with the
terms and conditions of section 7034(e)(4) of the
Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2019 (division F of Public
Law 116-6): Provided, That each individual award may
not exceed $100,000: Provided further, That no more
than 15 such awards may be made during fiscal year
2021.
(6) Exchange visitor program.--None of the funds made
available by this Act may be used to modify the
Exchange Visitor Program administered by the Department
of State to implement the Mutual Educational and
Cultural Exchange Act of 1961 (Public Law 87-256; 22
U.S.C. 2451 et seq.), except through the formal
rulemaking process pursuant to the Administrative
Procedure Act (5 U.S.C. 551 et seq.) and
notwithstanding the exceptions to such rulemaking
process in such Act: Provided, That funds made
available for such purpose shall only be made available
after consultation with, and subject to the regular
notification procedures of, the Committees on
Appropriations, regarding how any proposed modification
would affect the public diplomacy goals of, and the
estimated economic impact on, the United States:
Provided further, That such consultation shall take
place not later than 30 days prior to the publication
in the Federal Register of any regulatory action
modifying the Exchange Visitor Program.
(f) Partner Vetting.--Prior to initiating a partner vetting
program, or making a significant change to the scope of an
existing partner vetting program, the Secretary of State and
USAID Administrator, as appropriate, shall consult with the
Committees on Appropriations: Provided, That the Secretary and
the Administrator shall provide a direct vetting option for
prime awardees in any partner vetting program initiated or
significantly modified after the date of enactment of this Act,
unless the Secretary of State or USAID Administrator, as
applicable, informs the Committees on Appropriations on a case-
by-case basis that a direct vetting option is not feasible for
such program.
(g) Contingencies.--During fiscal year 2021, the President
may use up to $125,000,000 under the authority of section 451
of the Foreign Assistance Act of 1961, notwithstanding any
other provision of law.
(h) International Child Abductions.--The Secretary of State
should withhold funds appropriated under title III of this Act
for assistance for the central government of any country that
is not taking appropriate steps to comply with the Convention
on the Civil Aspects of International Child Abductions, done at
the Hague on October 25, 1980: Provided, That the Secretary
shall report to the Committees on Appropriations within 15 days
of withholding funds under this subsection.
(i) Transfer of Funds for Extraordinary Protection.--The
Secretary of State may transfer to, and merge with, funds under
the heading ``Protection of Foreign Missions and Officials''
unobligated balances of expired funds appropriated under the
heading ``Diplomatic Programs'' for fiscal year 2021, except
for funds designated for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985, at
no later than the end of the fifth fiscal year after the last
fiscal year for which such funds are available for the purposes
for which appropriated: Provided, That not more than
$50,000,000 may be transferred.
(j) Authority.--Funds made available by this Act under the
heading ``Economic Support Fund'' to counter extremism may be
made available notwithstanding any other provision of law
restricting assistance to foreign countries, except sections
502B, 620A, and 620M of the Foreign Assistance Act of 1961:
Provided, That the use of the authority of this subsection
shall be subject to prior consultation with the appropriate
congressional committees and the regular notification
procedures of the Committees on Appropriations.
(k) Protections and Remedies for Employees of Diplomatic
Missions and International Organizations.--The terms and
conditions of section 7034(k) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2020 (division G of Public Law 116-94) shall continue in effect
during fiscal year 2021.
(l) Extension of Authorities.--
(1) Passport fees.--Section 1(b)(2) of the Passport
Act of June 4, 1920 (22 U.S.C. 214(b)(2)) shall be
applied by substituting ``September 30, 2021'' for
``September 30, 2010''.
(2) Incentives for critical posts.--The authority
contained in section 1115(d) of the Supplemental
Appropriations Act, 2009 (Public Law 111-32) shall
remain in effect through September 30, 2021.
(3) USAID civil service annuitant waiver.--Section
625(j)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2385(j)(1)) shall be applied by substituting
``September 30, 2021'' for ``October 1, 2010'' in
subparagraph (B).
(4) Overseas pay comparability and limitation.--(A)
Subject to the limitation described in subparagraph
(B), the authority provided by section 1113 of the
Supplemental Appropriations Act, 2009 (Public Law 111-
32) shall remain in effect through September 30, 2021.
(B) The authority described in subparagraph (A) may
not be used to pay an eligible member of the Foreign
Service (as defined in section 1113(b) of the
Supplemental Appropriations Act, 2009 (Public Law 111-
32)) a locality-based comparability payment (stated as
a percentage) that exceeds two-thirds of the amount of
the locality-based comparability payment (stated as a
percentage) that would be payable to such member under
section 5304 of title 5, United States Code, if such
member's official duty station were in the District of
Columbia.
(5) Categorical eligibility.--The Foreign Operations,
Export Financing, and Related Programs Appropriations
Act, 1990 (Public Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking
``and 2020'' and inserting ``2020, and
2021''; and
(ii) in subsection (e), by striking
``2020'' each place it appears and
inserting ``2021''; and
(B) in section 599E(b)(2) (8 U.S.C. 1255
note), by striking ``2020'' and inserting
``2021''.
(6) Inspector general annuitant waiver.--The
authorities provided in section 1015(b) of the
Supplemental Appropriations Act, 2010 (Public Law 111-
212) shall remain in effect through September 30, 2021,
and may be used to facilitate the assignment of persons
for oversight of programs in Syria, South Sudan, Yemen,
Somalia, and Venezuela.
(7) Accountability review boards.--The authority
provided by section 301(a)(3) of the Omnibus Diplomatic
Security and Antiterrorism Act of 1986 (22 U.S.C.
4831(a)(3)) shall remain in effect for facilities in
Afghanistan through September 30, 2021, except that the
notification and reporting requirements contained in
such section shall include the Committees on
Appropriations.
(8) Special inspector general for afghanistan
reconstruction competitive status.--Notwithstanding any
other provision of law, any employee of the Special
Inspector General for Afghanistan Reconstruction
(SIGAR) who completes at least 12 months of continuous
service after enactment of this Act or who is employed
on the date on which SIGAR terminates, whichever occurs
first, shall acquire competitive status for appointment
to any position in the competitive service for which
the employee possesses the required qualifications.
(9) Transfer of balances.--Section 7081(h) of the
Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2017 (division J of Public
Law 115-31) shall continue in effect during fiscal year
2021.
(10) Department of state inspector general waiver
authority.--The Inspector General of the Department of
State may waive the provisions of subsections (a)
through (d) of section 824 of the Foreign Service Act
of 1980 (22 U.S.C. 4064) on a case-by-case basis for an
annuitant reemployed by the Inspector General on a
temporary basis, subject to the same constraints and in
the same manner by which the Secretary of State may
exercise such waiver authority pursuant to subsection
(g) of such section.
(11) Afghan allies.--Section 602(b)(3)(F) of the
Afghan Allies Protection Act of 2009 (8 U.S.C. 1101
note) is amended--
(A) in the heading, by striking ``2015
through 2020'' and inserting ``2015 through
2021'';
(B) in the matter preceding clause (i), in
the first sentence, by striking ``shall'' and
all that follows through the period at the end,
and inserting ``shall not exceed 26,500.''; and
(C) in clauses (i) and (ii), by striking
``December 31, 2021'' and inserting ``December
31, 2022''.
(m) Monitoring and Evaluation.--
(1) Beneficiary feedback.--Funds appropriated by this
Act that are made available for monitoring and
evaluation of assistance under the headings
``Development Assistance'', ``International Disaster
Assistance'', and ``Migration and Refugee Assistance''
shall be made available for the regular and systematic
collection of feedback obtained directly from
beneficiaries to enhance the quality and relevance of
such assistance: Provided, That the Department of
State and USAID shall establish, and post on their
respective websites, updated procedures for
implementing partners that receive funds under such
headings for regularly and systematically collecting
and responding to such feedback, including guidelines
for the reporting on actions taken in response to the
feedback received: Provided further, That the
Department of State and USAID shall regularly conduct
oversight to ensure that such feedback is regularly
collected and used by implementing partners to maximize
the cost-effectiveness and utility of such assistance.
(2) Ex-post evaluations.--Of the funds appropriated
by this Act under titles III and IV, not less than
$10,000,000 shall be made available for ex-post
evaluations consistent with the requirements under this
heading in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
(n) HIV/AIDS Working Capital Fund.--Funds available in the
HIV/AIDS Working Capital Fund established pursuant to section
525(b)(1) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (Public Law 108-447)
may be made available for pharmaceuticals and other products
for child survival, malaria, tuberculosis, and emerging
infectious diseases to the same extent as HIV/AIDS
pharmaceuticals and other products, subject to the terms and
conditions in such section: Provided, That the authority in
section 525(b)(5) of the Foreign Operations, Export Financing,
and Related Programs Appropriation Act, 2005 (Public Law 108-
447) shall be exercised by the Assistant Administrator for
Global Health, USAID, with respect to funds deposited for such
non-HIV/AIDS pharmaceuticals and other products, and shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That the
Secretary of State shall include in the congressional budget
justification an accounting of budgetary resources,
disbursements, balances, and reimbursements related to such
fund.
(o) Loans, Consultation, and Notification.--
(1) Loan guarantees.--Funds appropriated under the
headings ``Economic Support Fund'' and ``Assistance for
Europe, Eurasia and Central Asia'' by this Act and
prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be
made available for the costs, as defined in section 502
of the Congressional Budget Act of 1974, of loan
guarantees for Egypt, Jordan, Tunisia, and Ukraine,
which are authorized to be provided: Provided, That
amounts made available under this paragraph for the
costs of such guarantees shall not be considered
assistance for the purposes of provisions of law
limiting assistance to a country.
(2) Foreign military financing direct loans.--During
fiscal year 2021, direct loans under section 23 of the
Arms Export Control Act may be made available for
Jordan, notwithstanding section 23(c)(1) of the Arms
Export Control Act, gross obligations for the principal
amounts of which shall not exceed $4,000,000,000:
Provided, That funds appropriated under the heading
``Foreign Military Financing Program'' in this Act and
prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be
made available for the costs, as defined in section 502
of the Congressional Budget Act of 1974, of such loans:
Provided further, That such costs, including the cost
of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974 and may
include the costs of selling, reducing, or cancelling
any amounts owed to the United States or any agency of
the United States: Provided further, That the
Government of the United States may charge fees for
such loans, which shall be collected from borrowers in
accordance with section 502(7) of the Congressional
Budget Act of 1974: Provided further, That no funds
made available to the North Atlantic Treaty
Organization (NATO) or major non-NATO allies by this or
any other appropriations Act for this fiscal year or
prior fiscal years may be used for payment of any fees
associated with such loans: Provided further, That
such loans shall be repaid in not more than 12 years,
including a grace period of up to one year on repayment
of principal: Provided further, That notwithstanding
section 23(c)(1) of the Arms Export Control Act,
interest for such loans may be charged at a rate
determined by the Secretary of State, except that such
rate may not be less than the prevailing interest rate
on marketable Treasury securities of similar maturity:
Provided further, That amounts made available under
this paragraph for such costs shall not be considered
assistance for the purposes of provisions of law
limiting assistance to a country.
(3) Foreign military financing loan guarantees.--
Funds appropriated under the heading ``Foreign Military
Financing Program'' in this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs may be made available,
notwithstanding the third proviso under such heading,
for the costs of loan guarantees under section 24 of
the Arms Export Control Act for Jordan, which are
authorized to be provided: Provided, That such funds
are available to subsidize gross obligations for the
principal amount of commercial loans, and total loan
principal, any part of which is to be guaranteed, not
to exceed $4,000,000,000: Provided further, That no
loan guarantee with respect to any one borrower may
exceed 80 percent of the loan principal: Provided
further, That any loan guaranteed under this paragraph
may not be subordinated to another debt contracted by
the borrower or to any other claims against the
borrower in the case of default: Provided further,
That repayment in United States dollars of any loan
guaranteed under this paragraph shall be required
within a period not to exceed 12 years after the loan
agreement is signed: Provided further, That the
Government of the United States may charge fees for
such loan guarantees, as may be determined,
notwithstanding section 24 of the Arms Export Control
Act, which shall be collected from borrowers or third
parties on behalf of such borrowers in accordance with
section 502(7) of the Congressional Budget Act of 1974:
Provided further, That amounts made available under
this paragraph for the costs of such guarantees shall
not be considered assistance for the purposes of
provisions of law limiting assistance to a country.
(4) Designation requirement.--Funds made available
pursuant to paragraphs (1) through (3) from prior Acts
making appropriations for the Department of State,
foreign operations, and related programs that were
previously designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant
to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985 are designated by
the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of such Act.
(5) Consultation and notification.--Funds made
available pursuant to the authorities of this
subsection shall be subject to prior consultation with
the appropriate congressional committees and the
regular notification procedures of the Committees on
Appropriations.
(p) Local Works.--
(1) Funding.--Of the funds appropriated by this Act
under the headings ``Development Assistance'' and
``Economic Support Fund'', not less than $55,000,000
shall be made available for Local Works pursuant to
section 7080 of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113-235), which may
remain available until September 30, 2025.
(2) Eligible entities.--For the purposes of section
7080 of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2015 (division
J of Public Law 113-235), ``eligible entities'' shall
be defined as small local, international, and United
States-based nongovernmental organizations, educational
institutions, and other small entities that have
received less than a total of $5,000,000 from USAID
over the previous 5 fiscal years: Provided, That
departments or centers of such educational institutions
may be considered individually in determining such
eligibility.
(q) Definitions.--
(1) Appropriate congressional committees.--Unless
otherwise defined in this Act, for purposes of this Act
the term ``appropriate congressional committees'' means
the Committees on Appropriations and Foreign Relations
of the Senate and the Committees on Appropriations and
Foreign Affairs of the House of Representatives.
(2) Funds appropriated by this act and prior acts.--
Unless otherwise defined in this Act, for purposes of
this Act the term ``funds appropriated by this Act and
prior Acts making appropriations for the Department of
State, foreign operations, and related programs'' means
funds that remain available for obligation, and have
not expired.
(3) International financial institutions.--In this
Act ``international financial institutions'' means the
International Bank for Reconstruction and Development,
the International Development Association, the
International Finance Corporation, the Inter-American
Development Bank, the International Monetary Fund, the
International Fund for Agricultural Development, the
Asian Development Bank, the Asian Development Fund, the
Inter-American Investment Corporation, the North
American Development Bank, the European Bank for
Reconstruction and Development, the African Development
Bank, the African Development Fund, and the
Multilateral Investment Guarantee Agency.
(4) Spend plan.--In this Act, the term ``spend plan''
means a plan for the uses of funds appropriated for a
particular entity, country, program, purpose, or
account and which shall include, at a minimum, a
description of--
(A) realistic and sustainable goals, criteria
for measuring progress, and a timeline for
achieving such goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other
ongoing or planned programs; and
(D) implementing partners, to the maximum
extent practicable.
(5) Successor operating unit.--Any reference to a
particular USAID operating unit or office in this or
prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall
be deemed to include any successor operating unit or
office performing the same or similar functions.
(6) USAID.--In this Act, the term ``USAID'' means the
United States Agency for International Development.
(7) This act.--Except as expressly provided
otherwise, any reference to ``this Act'' contained in
titles I through VII shall be treated as referring only
to the provisions of such titles.
law enforcement and security
Sec. 7035. (a) Assistance.--
(1) Community-based police assistance.--Funds made
available under titles III and IV of this Act to carry
out the provisions of chapter 1 of part I and chapters
4 and 6 of part II of the Foreign Assistance Act of
1961, may be used, notwithstanding section 660 of that
Act, to enhance the effectiveness and accountability of
civilian police authority through training and
technical assistance in human rights, the rule of law,
anti-corruption, strategic planning, and through
assistance to foster civilian police roles that support
democratic governance, including assistance for
programs to prevent conflict, respond to disasters,
address gender-based violence, and foster improved
police relations with the communities they serve.
(2) Counterterrorism partnerships fund.--Funds
appropriated by this Act under the heading
``Nonproliferation, Anti-terrorism, Demining and
Related Programs'' shall be made available for the
Counterterrorism Partnerships Fund for programs in
areas liberated from, under the influence of, or
adversely affected by, the Islamic State of Iraq and
Syria or other terrorist organizations: Provided, That
such areas shall include the Kurdistan Region of Iraq:
Provided further, That prior to the obligation of funds
made available pursuant to this paragraph, the
Secretary of State shall take all practicable steps to
ensure that mechanisms are in place for monitoring,
oversight, and control of such funds: Provided
further, That funds made available pursuant to this
paragraph shall be subject to prior consultation with,
and the regular notification procedures of, the
Committees on Appropriations.
(3) Combat casualty care.--
(A) Consistent with the objectives of the
Foreign Assistance Act of 1961 and the Arms
Export Control Act, funds appropriated by this
Act under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing
Program'' shall be made available for combat
casualty training and equipment consistent with
prior fiscal years.
(B) The Secretary of State shall offer combat
casualty care training and equipment as a
component of any package of lethal assistance
funded by this Act with funds appropriated
under the headings ``Peacekeeping Operations''
and ``Foreign Military Financing Program'':
Provided, That the requirement of this
subparagraph shall apply to a country in
conflict, unless the Secretary determines that
such country has in place, to the maximum
extent practicable, functioning combat casualty
care treatment and equipment that meets or
exceeds the standards recommended by the
Committee on Tactical Combat Casualty Care:
Provided further, That any such training and
equipment for combat casualty care shall be
made available through an open and competitive
process.
(4) Training related to international humanitarian
law.--The Secretary of State shall offer training
related to the requirements of international
humanitarian law as a component of any package of
lethal assistance funded by this Act with funds
appropriated under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing
Program'': Provided, That the requirement of this
paragraph shall not apply to a country that is a member
of the North Atlantic Treaty Organization (NATO), is a
major non-NATO ally designated by section 517(b) of the
Foreign Assistance Act of 1961, or is complying with
international humanitarian law: Provided further, That
any such training shall be made available through an
open and competitive process.
(5) Security force professionalization.--Funds
appropriated by this Act under the headings
``International Narcotics Control and Law Enforcement''
and ``Peacekeeping Operations'' shall be made available
to increase the capacity of foreign military and law
enforcement personnel to operate in accordance with
appropriate standards relating to human rights and the
protection of civilians in the manner specified under
this section in Senate Report 116-126, following
consultation with the Committees on Appropriations:
Provided, That funds made available pursuant to this
paragraph shall be made available through an open and
competitive process.
(6) Global security contingency fund.--
Notwithstanding any other provision of this Act, up to
$7,500,000 from funds appropriated by this Act under
the headings ``Peacekeeping Operations'' and ``Foreign
Military Financing Program'' may be transferred to, and
merged with, funds previously made available under the
heading ``Global Security Contingency Fund'', subject
to the regular notification procedures of the
Committees on Appropriations.
(7) International prison conditions.--Of the funds
appropriated by this Act under the headings
``Development Assistance'', ``Economic Support Fund'',
and ``International Narcotics Control and Law
Enforcement'', not less than $7,500,000 shall be made
available for assistance to eliminate inhumane
conditions in foreign prisons and other detention
facilities, notwithstanding section 660 of the Foreign
Assistance Act of 1961: Provided, That the Secretary
of State and the USAID Administrator shall consult with
the Committees on Appropriations on the proposed uses
of such funds prior to obligation and not later than 60
days after enactment of this Act: Provided further,
That such funds shall be in addition to funds otherwise
made available by this Act for such purpose.
(b) Authorities.--
(1) Reconstituting civilian police authority.--In
providing assistance with funds appropriated by this
Act under section 660(b)(6) of the Foreign Assistance
Act of 1961, support for a nation emerging from
instability may be deemed to mean support for regional,
district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging
from instability.
(2) Disarmament, demobilization, and reintegration.--
Section 7034(d) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113-235) shall continue
in effect during fiscal year 2021.
(3) Extension of war reserves stockpile authority.--
(A) Section 12001(d) of the Department of
Defense Appropriations Act, 2005 (Public Law
108-287; 118 Stat. 1011) is amended by striking
``of this section'' and all that follows
through the period at the end and inserting
``of this section after September 30, 2023.''.
(B) Section 514(b)(2)(A) of the Foreign
Assistance Act of 1961 (22 U.S.C.
2321h(b)(2)(A)) is amended by striking ``and
2021'' and inserting ``2021, 2022, and 2023''.
(4) Commercial leasing of defense articles.--
Notwithstanding any other provision of law, and subject
to the regular notification procedures of the
Committees on Appropriations, the authority of section
23(a) of the Arms Export Control Act (22 U.S.C. 2763)
may be used to provide financing to Israel, Egypt, the
North Atlantic Treaty Organization (NATO), and major
non-NATO allies for the procurement by leasing
(including leasing with an option to purchase) of
defense articles from United States commercial
suppliers, not including Major Defense Equipment (other
than helicopters and other types of aircraft having
possible civilian application), if the President
determines that there are compelling foreign policy or
national security reasons for those defense articles
being provided by commercial lease rather than by
government-to-government sale under such Act.
(5) Special defense acquisition fund.--Not to exceed
$900,000,000 may be obligated pursuant to section
51(c)(2) of the Arms Export Control Act (22 U.S.C.
2795(c)(2)) for the purposes of the Special Defense
Acquisition Fund (the Fund), to remain available for
obligation until September 30, 2023: Provided, That
the provision of defense articles and defense services
to foreign countries or international organizations
from the Fund shall be subject to the concurrence of
the Secretary of State.
(6) Public disclosure.--For the purposes of funds
appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs that are made
available for assistance for units of foreign security
forces, the term ``to the maximum extent practicable''
in section 620M(d)(7) of the Foreign Assistance Act of
1961 (22 U.S.C. 2378d) means that the identity of such
units shall be made publicly available unless the
Secretary of State, on a case-by-case basis, determines
and reports to the appropriate congressional committees
that non-disclosure is in the national security
interest of the United States: Provided, That any such
determination shall include a detailed justification,
and may be submitted in classified form.
(7) Duty to inform.--
(A) Compliance.--If assistance to a foreign
security force is provided in a manner in which
the recipient unit or units cannot be
identified prior to the transfer of assistance,
the Secretary of State shall regularly provide
a list of units prohibited from receiving such
assistance pursuant to section 620M of the
Foreign Assistance Act of 1961 to the recipient
government, and such assistance shall be made
available subject to a written agreement that
the recipient government will comply with such
prohibition: Provided, That such requirement
regarding a written agreement shall take effect
not later than December 31, 2021.
(B) Implementation plan.--Not later than 120
days after enactment of this Act, the Secretary
of State shall submit an implementation plan to
the Committees on Appropriations including a
timeline and mechanisms for executing such
agreements by December 31, 2021: Provided,
That the Secretary of State shall consult with
the Committees on Appropriations prior to
submitting such plan.
(c) Limitations.--
(1) Child soldiers.--Funds appropriated by this Act
should not be used to support any military training or
operations that include child soldiers.
(2) Landmines and cluster munitions.--
(A) Landmines.--Notwithstanding any other
provision of law, demining equipment available
to the United States Agency for International
Development and the Department of State and
used in support of the clearance of landmines
and unexploded ordnance for humanitarian
purposes may be disposed of on a grant basis in
foreign countries, subject to such terms and
conditions as the Secretary of State may
prescribe.
(B) Cluster munitions.--No military
assistance shall be furnished for cluster
munitions, no defense export license for
cluster munitions may be issued, and no cluster
munitions or cluster munitions technology shall
be sold or transferred, unless--
(i) the submunitions of the cluster
munitions, after arming, do not result
in more than 1 percent unexploded
ordnance across the range of intended
operational environments, and the
agreement applicable to the assistance,
transfer, or sale of such cluster
munitions or cluster munitions
technology specifies that the cluster
munitions will only be used against
clearly defined military targets and
will not be used where civilians are
known to be present or in areas
normally inhabited by civilians; or
(ii) such assistance, license, sale,
or transfer is for the purpose of
demilitarizing or permanently disposing
of such cluster munitions.
(3) Congressional budget justifications.--Of the
funds realized pursuant to section 21(e)(1)(A) of the
Arms Export Control Act and made available for
obligation for expenses incurred by the Department of
Defense, Defense Security Cooperation Agency (DSCA)
during fiscal year 2021 pursuant to section 43(b) of
the Arms Export Control Act (22 U.S.C. 2792(b)),
$25,000,000 shall be withheld from obligation until the
DSCA, jointly with the Department of State, submits to
the Committees on Appropriations the congressional
budget justification for funds requested under the
heading ``Foreign Military Financing Program'' for
fiscal years 2021 and 2022, including the accompanying
classified appendices.
(4) Crowd control items.--Funds appropriated by this
Act should not be used for tear gas, small arms, light
weapons, ammunition, or other items for crowd control
purposes for foreign security forces that use excessive
force to repress peaceful expression, association, or
assembly in countries that the Secretary of State
determines are undemocratic or are undergoing
democratic transitions.
(d) Reports.--
(1) Security assistance report.--Not later than 120
days after enactment of this Act, the Secretary of
State shall submit to the Committees on Appropriations
a report on funds obligated and expended during fiscal
year 2020, by country and purpose of assistance, under
the headings ``Peacekeeping Operations'',
``International Military Education and Training'', and
``Foreign Military Financing Program''.
(2) Annual foreign military training report.--For the
purposes of implementing section 656 of the Foreign
Assistance Act of 1961, the term ``military training
provided to foreign military personnel by the
Department of Defense and the Department of State''
shall be deemed to include all military training
provided by foreign governments with funds appropriated
to the Department of Defense or the Department of
State, except for training provided by the government
of a country designated by section 517(b) of such Act
(22 U.S.C. 2321k(b)) as a major non-North Atlantic
Treaty Organization ally: Provided, That such third-
country training shall be clearly identified in the
report submitted pursuant to section 656 of such Act.
arab league boycott of israel
Sec. 7036. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the
secondary boycott of American firms that have
commercial ties with Israel, is an impediment to peace
in the region and to United States investment and trade
in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of
Israel immediately disbanded;
(3) all Arab League states should normalize relations
with their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott
of Israel and find concrete steps to demonstrate that
opposition by, for example, taking into consideration
the participation of any recipient country in the
boycott when determining to sell weapons to said
country; and
(5) the President should report to Congress annually
on specific steps being taken by the United States to
encourage Arab League states to normalize their
relations with Israel to bring about the termination of
the Arab League boycott of Israel, including those to
encourage allies and trading partners of the United
States to enact laws prohibiting businesses from
complying with the boycott and penalizing businesses
that do comply.
palestinian statehood
Sec. 7037. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be
provided to support a Palestinian state unless the Secretary of
State determines and certifies to the appropriate congressional
committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to
peaceful co-existence with the State of Israel;
and
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West
Bank and Gaza, including the dismantling of
terrorist infrastructures, and is cooperating
with appropriate Israeli and other appropriate
security organizations; and
(2) the Palestinian Authority (or the governing
entity of a new Palestinian state) is working with
other countries in the region to vigorously pursue
efforts to establish a just, lasting, and comprehensive
peace in the Middle East that will enable Israel and an
independent Palestinian state to exist within the
context of full and normal relationships, which should
include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgment of the
sovereignty, territorial integrity, and
political independence of every state in the
area through measures including the
establishment of demilitarized zones;
(C) their right to live in peace within
secure and recognized boundaries free from
threats or acts of force;
(D) freedom of navigation through
international waterways in the area; and
(E) a framework for achieving a just
settlement of the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule
of law, an independent judiciary, and respect for human rights
for its citizens, and should enact other laws and regulations
assuring transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national
security interest of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing entity,
in order to help meet the requirements of subsection (a),
consistent with the provisions of section 7040 of this Act
(``Limitation on Assistance for the Palestinian Authority'').
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2021, 30 days
prior to the initial obligation of funds for the bilateral West
Bank and Gaza Program, the Secretary of State shall certify to
the Committees on Appropriations that procedures have been
established to assure the Comptroller General of the United
States will have access to appropriate United States financial
information in order to review the uses of United States
assistance for the Program funded under the heading ``Economic
Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such assistance
is not provided to or through any individual, private or
government entity, or educational institution that the
Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity
nor, with respect to private entities or educational
institutions, those that have as a principal officer of the
entity's governing board or governing board of trustees any
individual that has been determined to be involved in, or
advocating terrorist activity or determined to be a member of a
designated foreign terrorist organization: Provided, That the
Secretary of State shall, as appropriate, establish procedures
specifying the steps to be taken in carrying out this
subsection and shall terminate assistance to any individual,
entity, or educational institution which the Secretary has
determined to be involved in or advocating terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the
funds appropriated under titles III through VI of this
Act for assistance under the West Bank and Gaza Program
may be made available for--
(A) the purpose of recognizing or otherwise
honoring individuals who commit, or have
committed acts of terrorism; and
(B) any educational institution located in
the West Bank or Gaza that is named after an
individual who the Secretary of State
determines has committed an act of terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the
funds made available by this or prior appropriations
Acts, including funds made available by transfer, may
be made available for obligation for security
assistance for the West Bank and Gaza until the
Secretary of State reports to the Committees on
Appropriations on the benchmarks that have been
established for security assistance for the West Bank
and Gaza and reports on the extent of Palestinian
compliance with such benchmarks.
(d) Oversight by the United States Agency for International
Development.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or
non-Federal audits of all contractors and grantees, and
significant subcontractors and sub-grantees, under the
West Bank and Gaza Program, are conducted at least on
an annual basis to ensure, among other things,
compliance with this section.
(2) Of the funds appropriated by this Act, up to
$1,000,000 may be used by the Office of Inspector
General of the United States Agency for International
Development for audits, investigations, and other
activities in furtherance of the requirements of this
subsection: Provided, That such funds are in addition
to funds otherwise available for such purposes.
(e) Comptroller General of the United States Audit.--
Subsequent to the certification specified in subsection (a),
the Comptroller General of the United States shall conduct an
audit and an investigation of the treatment, handling, and uses
of all funds for the bilateral West Bank and Gaza Program,
including all funds provided as cash transfer assistance, in
fiscal year 2021 under the heading ``Economic Support Fund'',
and such audit shall address--
(1) the extent to which such Program complies with
the requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and
activities carried out under such Program, including
both obligations and expenditures.
(f) Notification Procedures.--Funds made available in this
Act for West Bank and Gaza shall be subject to the regular
notification procedures of the Committees on Appropriations.
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961 may be
obligated or expended with respect to providing funds to the
Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall
not apply if the President certifies in writing to the Speaker
of the House of Representatives, the President pro tempore of
the Senate, and the Committees on Appropriations that waiving
such prohibition is important to the national security interest
of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of
6 months at a time and shall not apply beyond 12 months after
the enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the
justification for the waiver, the purposes for which the funds
will be spent, and the accounting procedures in place to ensure
that the funds are properly disbursed: Provided, That the
report shall also detail the steps the Palestinian Authority
has taken to arrest terrorists, confiscate weapons and
dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver
authority under subsection (b), the Secretary of State must
certify and report to the Committees on Appropriations prior to
the obligation of funds that the Palestinian Authority has
established a single treasury account for all Palestinian
Authority financing and all financing mechanisms flow through
this account, no parallel financing mechanisms exist outside of
the Palestinian Authority treasury account, and there is a
single comprehensive civil service roster and payroll, and the
Palestinian Authority is acting to counter incitement of
violence against Israelis and is supporting activities aimed at
promoting peace, coexistence, and security cooperation with
Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III
through VI of this Act may be obligated for salaries of
personnel of the Palestinian Authority located in Gaza
or may be obligated or expended for assistance to Hamas
or any entity effectively controlled by Hamas, any
power-sharing government of which Hamas is a member, or
that results from an agreement with Hamas and over
which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1),
assistance may be provided to a power-sharing
government only if the President certifies and reports
to the Committees on Appropriations that such
government, including all of its ministers or such
equivalent, has publicly accepted and is complying with
the principles contained in section 620K(b)(1) (A) and
(B) of the Foreign Assistance Act of 1961, as amended.
(3) The President may exercise the authority in
section 620K(e) of the Foreign Assistance Act of 1961,
as added by the Palestinian Anti-Terrorism Act of 2006
(Public Law 109-446) with respect to this subsection.
(4) Whenever the certification pursuant to paragraph
(2) is exercised, the Secretary of State shall submit a
report to the Committees on Appropriations within 120
days of the certification and every quarter thereafter
on whether such government, including all of its
ministers or such equivalent are continuing to comply
with the principles contained in section 620K(b)(1) (A)
and (B) of the Foreign Assistance Act of 1961, as
amended: Provided, That the report shall also detail
the amount, purposes and delivery mechanisms for any
assistance provided pursuant to the abovementioned
certification and a full accounting of any direct
support of such government.
(5) None of the funds appropriated under titles III
through VI of this Act may be obligated for assistance
for the Palestine Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Certification and report.--Funds appropriated by
this Act that are available for assistance for Egypt
may be made available notwithstanding any other
provision of law restricting assistance for Egypt,
except for this subsection and section 620M of the
Foreign Assistance Act of 1961, and may only be made
available for assistance for the Government of Egypt if
the Secretary of State certifies and reports to the
Committees on Appropriations that such government is--
(A) sustaining the strategic relationship
with the United States; and
(B) meeting its obligations under the 1979
Egypt-Israel Peace Treaty.
(2) Economic support fund.--Of the funds appropriated
by this Act under the heading ``Economic Support
Fund'', not less than $125,000,000 shall be made
available for assistance for Egypt, of which
$40,000,000 should be made available for higher
education programs, including not less than $15,000,000
for scholarships for Egyptian students with high
financial need to attend not-for-profit institutions of
higher education in Egypt that are currently accredited
by a regional accrediting agency recognized by the
United States Department of Education, or meets
standards equivalent to those required for United
States institutional accreditation by a regional
accrediting agency recognized by such Department:
Provided, That such funds shall be made available for
democracy programs, and for development programs in the
Sinai: Provided further, That such funds may not be
made available for cash transfer assistance or budget
support unless the Secretary of State certifies and
reports to the appropriate congressional committees
that the Government of Egypt is taking consistent and
effective steps to stabilize the economy and implement
market-based economic reforms.
(3) Foreign military financing program.--
(A) Certification.--Of the funds appropriated
by this Act under the heading ``Foreign
Military Financing Program'', $1,300,000,000,
to remain available until September 30, 2022,
should be made available for assistance for
Egypt: Provided, That such funds may be
transferred to an interest bearing account in
the Federal Reserve Bank of New York, following
consultation with the Committees on
Appropriations, and the uses of any interest
earned on such funds shall be subject to the
regular notification procedures of the
Committees on Appropriations: Provided
further, That $225,000,000 of such funds shall
be withheld from obligation until the Secretary
of State certifies and reports to the
Committees on Appropriations that the
Government of Egypt is taking sustained and
effective steps to--
(i) strengthen the rule of law,
democratic institutions, and human
rights in Egypt, including to protect
religious minorities and the rights of
women, which are in addition to steps
taken during the previous calendar year
for such purposes;
(ii) implement reforms that protect
freedoms of expression, association,
and peaceful assembly, including the
ability of civil society organizations,
human rights defenders, and the media
to function without interference;
(iii) hold Egyptian security forces
accountable, including officers
credibly alleged to have violated human
rights;
(iv) investigate and prosecute cases
of extrajudicial killings and forced
disappearances; and
(v) provide regular access for United
States officials to monitor such
assistance in areas where the
assistance is used:
Provided further, That the certification
requirement of this paragraph shall not apply
to funds appropriated by this Act under such
heading for counterterrorism, border security,
and nonproliferation programs for Egypt.
(B) Waiver.--The Secretary of State may waive
the certification requirement in subparagraph
(A) if the Secretary determines and reports to
the Committees on Appropriations that to do so
is important to the national security interest
of the United States, and submits a report to
such Committees containing a detailed
justification for the use of such waiver and
the reasons why any of the requirements of
subparagraph (A) cannot be met: Provided, That
the report required by this paragraph shall be
submitted in unclassified form, but may be
accompanied by a classified annex.
(C) In addition to the funds withheld
pursuant to subparagraph (A), $75,000,000 of
the funds made available pursuant to this
paragraph shall be withheld from obligation
until the Secretary of State determines and
reports to the Committees on Appropriations
that the Government of Egypt is making clear
and consistent progress in releasing political
prisoners and providing detainees with due
process of law.
(4) September 13, 2015, attack.--The Secretary of
State shall encourage good faith negotiations between
the relevant parties regarding the September 13, 2015,
attack against a tour group by the Egyptian military
during which American April Corley was injured:
Provided, That in lieu of the reporting requirement
under section 7041(a)(4) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2020 (division G of Public Law 116-94), the
Secretary of State shall report to the Committees on
Appropriations on the status of such negotiations not
later than 60 days after enactment of this Act and
every 90 days thereafter until September 30, 2021.
(b) Iran.--
(1) Funding.--Funds appropriated by this Act under
the headings ``Diplomatic Programs'', ``Economic
Support Fund'', and ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'' shall be made available
for the programs and activities described under this
section in House Report 116-444.
(2) Reports.--
(A) Semi-annual report.--The Secretary of
State shall submit to the Committees on
Appropriations the semi-annual report required
by section 135(d)(4) of the Atomic Energy Act
of 1954 (42 U.S.C. 2160e(d)(4)), as added by
section 2 of the Iran Nuclear Agreement Review
Act of 2015 (Public Law 114-17).
(B) Sanctions report.--Not later than 180
days after the date of enactment of this Act,
the Secretary of State, in consultation with
the Secretary of the Treasury, shall submit to
the appropriate congressional committees a
report on--
(i) the status of United States
bilateral sanctions on Iran;
(ii) the reimposition and renewed
enforcement of secondary sanctions; and
(iii) the impact such sanctions have
had on Iran's destabilizing activities
throughout the Middle East.
(c) Iraq.--
(1) Purposes.--Funds appropriated under titles III
and IV of this Act shall be made available for
assistance for Iraq for--
(A) bilateral economic assistance and
international security assistance, including in
the Kurdistan Region of Iraq;
(B) stabilization assistance, including in
Anbar Province;
(C) justice sector strengthening;
(D) humanitarian assistance, including in the
Kurdistan Region of Iraq; and
(E) programs to protect and assist religious
and ethnic minority populations in Iraq,
including as described under this section in
House Report 116-444.
(2) United states consulate general basrah.--Any
change in the status of operations at United States
Consulate General Basrah, including the return of
Consulate property located adjacent to the Basrah
International Airport to the Government of Iraq, shall
be subject to prior consultation with the appropriate
congressional committees and the regular notification
procedures of the Committees on Appropriations.
(3) Basing rights agreement.--None of the funds
appropriated or otherwise made available by this Act
may be used by the Government of the United States to
enter into a permanent basing rights agreement between
the United States and Iraq.
(d) Jordan.--Of the funds appropriated by this Act under
titles III and IV, not less than $1,650,000,000 shall be made
available for assistance for Jordan, of which: not less than
$845,100,000 shall be made available for budget support for the
Government of Jordan; not less than $10,000,000 shall be made
available for programs and activities for which policy
justifications and decisions shall be the responsibility of the
United States Chief of Mission in Jordan; and not less than
$425,000,000 shall be made available under the heading
``Foreign Military Financing Program''.
(e) Lebanon.--
(1) Assistance.--Funds appropriated under titles III
and IV of this Act shall be made available for
assistance for Lebanon: Provided, That such funds made
available under the heading ``Economic Support Fund''
may be made available notwithstanding section 1224 of
the Foreign Relations Authorization Act, Fiscal Year
2003 (Public Law 107-228; 22 U.S.C. 2346 note).
(2) Security assistance.--
(A) Funds appropriated by this Act under the
headings ``International Narcotics Control and
Law Enforcement'' and ``Foreign Military
Financing Program'' that are made available for
assistance for Lebanon may be made available
for programs and equipment for the Lebanese
Internal Security Forces (ISF) and the Lebanese
Armed Forces (LAF) to address security and
stability requirements in areas affected by
conflict in Syria, following consultation with
the appropriate congressional committees.
(B) Funds appropriated by this Act under the
heading ``Foreign Military Financing Program''
that are made available for assistance for
Lebanon may only be made available for programs
to--
(i) professionalize the LAF to
mitigate internal and external threats
from non-state actors, including
Hizballah;
(ii) strengthen border security and
combat terrorism, including training
and equipping the LAF to secure the
borders of Lebanon and address security
and stability requirements in areas
affected by conflict in Syria,
interdicting arms shipments, and
preventing the use of Lebanon as a safe
haven for terrorist groups; and
(iii) implement United Nations
Security Council Resolution 1701:
Provided, That prior to obligating funds made
available by this subparagraph for assistance
for the LAF, the Secretary of State shall
submit to the Committees on Appropriations a
spend plan, including actions to be taken to
ensure equipment provided to the LAF is used
only for the intended purposes, except such
plan may not be considered as meeting the
notification requirements under section 7015 of
this Act or under section 634A of the Foreign
Assistance Act of 1961, and shall be submitted
not later than June 1, 2021: Provided further,
That any notification submitted pursuant to
such section shall include any funds
specifically intended for lethal military
equipment.
(3) Limitation.--None of the funds appropriated by
this Act may be made available for the ISF or the LAF
if the ISF or the LAF is controlled by a foreign
terrorist organization, as designated pursuant to
section 219 of the Immigration and Nationality Act (8
U.S.C. 1189).
(f) Libya.--
(1) Assistance.--Funds appropriated under titles III
and IV of this Act shall be made available for
stabilization assistance for Libya, including support
for a United Nations-facilitated political process and
border security: Provided, That the limitation on the
uses of funds for certain infrastructure projects in
section 7041(f)(2) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2014 (division K of Public Law 113-76) shall apply to
such funds.
(2) Certification.--Prior to the initial obligation
of funds made available by this Act for assistance for
Libya, the Secretary of State shall certify and report
to the Committees on Appropriations that all
practicable steps have been taken to ensure that
mechanisms are in place for monitoring, oversight, and
control of such funds.
(g) Morocco.--
(1) Availability and consultation requirement.--Funds
appropriated under title III of this Act shall be made
available for assistance for the Western Sahara:
Provided, That not later than 90 days after enactment
of this Act and prior to the obligation of such funds,
the Secretary of State, in consultation with the
Administrator of the United States Agency for
International Development, shall consult with the
Committees on Appropriations on the proposed uses of
such funds.
(2) Foreign military financing program.--Funds
appropriated by this Act under the heading ``Foreign
Military Financing Program'' that are available for
assistance for Morocco may only be used for the
purposes requested in the Congressional Budget
Justification, Foreign Operations, Fiscal Year 2017.
(h) Saudi Arabia.--
(1) International military education and training.--
None of the funds appropriated by this Act under the
heading ``International Military Education and
Training'' may be made available for assistance for the
Government of Saudi Arabia.
(2) Export-import bank.--None of the funds
appropriated or otherwise made available by this Act
and prior Acts making appropriations for the Department
of State, foreign operations, and related programs
should be obligated or expended by the Export-Import
Bank of the United States to guarantee, insure, or
extend (or participate in the extension of) credit in
connection with the export of nuclear technology,
equipment, fuel, materials, or other nuclear
technology-related goods or services to Saudi Arabia
unless the Government of Saudi Arabia--
(A) has in effect a nuclear cooperation
agreement pursuant to section 123 of the Atomic
Energy Act of 1954 (42 U.S.C. 2153);
(B) has committed to renounce uranium
enrichment and reprocessing on its territory
under that agreement; and
(C) has signed and implemented an Additional
Protocol to its Comprehensive Safeguards
Agreement with the International Atomic Energy
Agency.
(i) Syria.--
(1) Non-lethal assistance.--Of the funds appropriated
by this Act under the headings ``Economic Support
Fund'', ``International Narcotics Control and Law
Enforcement'', and ``Peacekeeping Operations'', not
less than $40,000,000 shall be made available,
notwithstanding any other provision of law, for non-
lethal stabilization assistance for Syria, of which not
less than $7,000,000 shall be made available for
emergency medical and rescue response and chemical
weapons use investigations.
(2) Limitations.--Funds made available pursuant to
paragraph (1) of this subsection--
(A) may not be made available for a project
or activity that supports or otherwise
legitimizes the Government of Iran, foreign
terrorist organizations (as designated pursuant
to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189)), or a proxy of
Iran in Syria;
(B) may not be made available for activities
that further the strategic objectives of the
Government of the Russian Federation that the
Secretary of State determines may threaten or
undermine United States national security
interests; and
(C) should not be used in areas of Syria
controlled by a government led by Bashar al-
Assad or associated forces.
(3) Monitoring and oversight.--Prior to the
obligation of any funds appropriated by this Act and
made available for assistance for Syria, the Secretary
of State shall take all practicable steps to ensure
that mechanisms are in place for monitoring, oversight,
and control of such assistance inside Syria.
(4) Consultation and notification.--Funds made
available pursuant to this subsection may only be made
available following consultation with the appropriate
congressional committees, and shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(j) Tunisia.--Of the funds appropriated under titles III and
IV of this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs,
not less than $241,400,000 shall be made available for
assistance for Tunisia.
(k) West Bank and Gaza.--
(1) Report on assistance.--Prior to the initial
obligation of funds made available by this Act under
the heading ``Economic Support Fund'' for assistance
for the West Bank and Gaza, the Secretary of State
shall report to the Committees on Appropriations that
the purpose of such assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and
accountable government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Limitations.--
(A)(i) None of the funds appropriated under
the heading ``Economic Support Fund'' in this
Act may be made available for assistance for
the Palestinian Authority, if after the date of
enactment of this Act--
(I) the Palestinians obtain
the same standing as member
states or full membership as a
state in the United Nations or
any specialized agency thereof
outside an agreement negotiated
between Israel and the
Palestinians; or
(II) the Palestinians
initiate an International
Criminal Court (ICC) judicially
authorized investigation, or
actively support such an
investigation, that subjects
Israeli nationals to an
investigation for alleged
crimes against Palestinians.
(ii) The Secretary of State may waive
the restriction in clause (i) of this
subparagraph resulting from the
application of subclause (I) of such
clause if the Secretary certifies to
the Committees on Appropriations that
to do so is in the national security
interest of the United States, and
submits a report to such Committees
detailing how the waiver and the
continuation of assistance would assist
in furthering Middle East peace.
(B)(i) The President may waive the provisions
of section 1003 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989
(Public Law 100-204) if the President
determines and certifies in writing to the
Speaker of the House of Representatives, the
President pro tempore of the Senate, and the
appropriate congressional committees that the
Palestinians have not, after the date of
enactment of this Act--
(I) obtained in the United
Nations or any specialized
agency thereof the same
standing as member states or
full membership as a state
outside an agreement negotiated
between Israel and the
Palestinians; and
(II) initiated or actively
supported an ICC investigation
against Israeli nationals for
alleged crimes against
Palestinians.
(ii) Not less than 90 days after the
President is unable to make the
certification pursuant to clause (i) of
this subparagraph, the President may
waive section 1003 of Public Law 100-
204 if the President determines and
certifies in writing to the Speaker of
the House of Representatives, the
President pro tempore of the Senate,
and the Committees on Appropriations
that the Palestinians have entered into
direct and meaningful negotiations with
Israel: Provided, That any waiver of
the provisions of section 1003 of
Public Law 100-204 under clause (i) of
this subparagraph or under previous
provisions of law must expire before
the waiver under the preceding sentence
may be exercised.
(iii) Any waiver pursuant to this
subparagraph shall be effective for no
more than a period of 6 months at a
time and shall not apply beyond 12
months after the enactment of this Act.
(3) Application of taylor force act.--Funds
appropriated by this Act under the heading ``Economic
Support Fund'' that are made available for assistance
for the West Bank and Gaza shall be made available
consistent with section 1004(a) of the Taylor Force Act
(title X of division S of Public Law 115-141).
(4) Security report.--The reporting requirements in
section 1404 of the Supplemental Appropriations Act,
2008 (Public Law 110-252) shall apply to funds made
available by this Act, including a description of
modifications, if any, to the security strategy of the
Palestinian Authority.
(5) Incitement report.--Not later than 90 days after
enactment of this Act, the Secretary of State shall
submit a report to the appropriate congressional
committees detailing steps taken by the Palestinian
Authority to counter incitement of violence against
Israelis and to promote peace and coexistence with
Israel.
(l) Yemen.--Funds appropriated under title III and under the
headings ``International Narcotics Control and Law
Enforcement'' and ``Nonproliferation, Anti-terrorism, Demining
and Related Programs'' of this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs shall be made available for health,
humanitarian, and stabilization assistance for Yemen.
africa
Sec. 7042. (a) African Great Lakes Region Assistance
Restriction.--Funds appropriated by this Act under the heading
``International Military Education and Training'' for the
central government of a country in the African Great Lakes
region may be made available only for Expanded International
Military Education and Training and professional military
education until the Secretary of State determines and reports
to the Committees on Appropriations that such government is not
facilitating or otherwise participating in destabilizing
activities in a neighboring country, including aiding and
abetting armed groups.
(b) Cameroon.--Funds appropriated under title IV of this Act
that are made available for assistance for the armed forces of
Cameroon, including the Rapid Intervention Battalion, may only
be made available to counter regional terrorism, including Boko
Haram and other Islamic State affiliates, participate in
international peacekeeping operations, and for military
education and maritime security programs.
(c) Central African Republic.--Of the funds appropriated by
this Act under the heading ``Economic Support Fund'', not less
than $3,000,000 shall be made available for a contribution to
the Special Criminal Court in Central African Republic.
(d) Counter Illicit Armed Groups.--Funds appropriated by this
Act shall be made available for programs and activities in
areas affected by the Lord's Resistance Army (LRA) or other
illicit armed groups in Eastern Democratic Republic of the
Congo and the Central African Republic, including to improve
physical access, telecommunications infrastructure, and early-
warning mechanisms and to support the disarmament,
demobilization, and reintegration of former LRA combatants,
especially child soldiers.
(e) Democratic Republic of the Congo.--Of the funds
appropriated under titles III and IV of this Act, not less than
$325,000,000 shall be made available for assistance for the
Democratic Republic of the Congo (DRC) for stabilization,
global health, and bilateral economic assistance, including in
areas affected by, and at risk from, the Ebola virus disease:
Provided, That such funds shall also be made available to
support security, stabilization, development, and democracy in
Eastern DRC: Provided further, That funds appropriated by this
Act under the headings ``Peacekeeping Operations'' and
``International Military Education and Training'' that are made
available for such purposes may be made available
notwithstanding any other provision of law, except section 620M
of the Foreign Assistance Act of 1961.
(f) Lake Chad Basin Countries.--Funds appropriated under
titles III and IV of this Act shall be made available for
assistance for Cameroon, Chad, Niger, and Nigeria for--
(1) democracy, development, and health programs;
(2) assistance for individuals targeted by foreign
terrorist and other extremist organizations, including
Boko Haram, consistent with the provisions of section
7059 of this Act;
(3) assistance for individuals displaced by violent
conflict; and
(4) counterterrorism programs.
(g) Malawi.--Of the funds appropriated by this Act under the
heading ``Development Assistance'', not less than $60,000,000
shall be made available for assistance for Malawi, of which up
to $10,000,000 shall be made available for higher education
programs.
(h) Sahel Stabilization and Security.--Funds appropriated
under titles III and IV of this Act shall be made available for
stabilization, health, development, and security programs in
the countries of the Sahel region.
(i) South Sudan.--
(1) Assistance.--Of the funds appropriated under
title III of this Act that are made available for
assistance for South Sudan, not less than $15,000,000
shall be made available for democracy programs and not
less than $8,000,000 shall be made available for
conflict mitigation and reconciliation programs.
(2) Limitation on assistance for the central
government.--Funds appropriated by this Act that are
made available for assistance for the central
Government of South Sudan may only be made available,
following consultation with the Committees on
Appropriations, for--
(A) humanitarian assistance;
(B) health programs, including to prevent,
detect, and respond to infectious diseases;
(C) assistance to support South Sudan peace
negotiations or to advance or implement a peace
agreement; and
(D) assistance to support implementation of
outstanding issues of the Comprehensive Peace
Agreement and mutual arrangements related to
such agreement:
Provided, That prior to the initial obligation of
funds made available pursuant to subparagraphs (C) and
(D), the Secretary of State shall consult with the
Committees on Appropriations on the intended uses of
such funds and steps taken by such government to
advance or implement a peace agreement.
(j) Sudan.--
(1) Assistance.--
(A) Of the funds appropriated under title III
of this Act and prior Acts making
appropriations for the Department of State,
foreign operations, and related programs,
except for funds designated by the Congress as
an emergency requirement pursuant to a
concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control
Act of 1985, not less than $60,000,000 shall be
made available for assistance for Sudan,
following consultation with the Committees on
Appropriations: Provided, That amounts
repurposed pursuant to this subparagraph that
were previously designated by the Congress for
Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit
Control Act of 1985 are designated by the
Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of such Act: Provided
further, That notwithstanding any other
provision of law, such funds may be made
available for agriculture and economic growth
programs, and economic assistance for
marginalized areas in Sudan and Abyei.
(B) None of the funds appropriated under
title IV of this Act may be made available for
assistance for the Government of Sudan, except
assistance to support implementation of
outstanding issues of the Comprehensive Peace
Agreement, mutual arrangements related to post-
referendum issues associated with such
Agreement, or any other viable peace agreement
in Sudan.
(2) Extension of authorization.--Section 501(i) of
title V of H.R. 3425 of the 106th Congress, as enacted
into law by section 1000(a)(5) of Public Law 106-113
(113 Stat. 1501, 1535-36), and set forth in Appendix E
thereof (113 Stat. 1501A-289,-313), as most recently
amended by section 904(b) of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94, 113 Stat.
2534, 3086), is further amended by striking ``2000-
2021'' and inserting ``2000-2025''.
(3) Consultation.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of
State, foreign operations, and related programs that
are made available for any new program, project, or
activity in Sudan shall be subject to prior
consultation with the appropriate congressional
committees.
(k) Zimbabwe.--
(1) Instruction.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to vote against any
extension by the respective institution of any loan or
grant to the Government of Zimbabwe, except to meet
basic human needs or to promote democracy, unless the
Secretary of State certifies and reports to the
Committees on Appropriations that the rule of law has
been restored, including respect for ownership and
title to property, and freedoms of expression,
association, and assembly.
(2) Limitation.--None of the funds appropriated by
this Act shall be made available for assistance for the
central Government of Zimbabwe, except for health and
education, unless the Secretary of State certifies and
reports as required in paragraph (1).
east asia and the pacific
Sec. 7043. (a) Burma.--
(1) Bilateral economic assistance.--
(A) Of the funds appropriated under title III
and under the heading ``International Narcotics
Control and Law Enforcement'' of this Act, not
less than $134,950,000 shall be made available
for assistance for Burma: Provided, That such
funds may be made available notwithstanding any
other provision of law and following
consultation with the appropriate congressional
committees: Provided further, That such funds
shall be made available for programs to promote
ethnic and religious tolerance and to combat
gender-based violence, including in Kachin,
Karen, Rakhine, and Shan states: Provided
further, That such funds shall be made
available for programs to strengthen media and
civil society organizations: Provided further,
That such funds may be made available for
ethnic groups and civil society in Burma to
help sustain ceasefire agreements and further
prospects for reconciliation and peace, which
may include support to representatives of
ethnic armed groups for this purpose.
(B) Funds appropriated under title III of
this Act for assistance for Burma shall be made
available for community-based organizations
operating in Thailand to provide food, medical,
and other humanitarian assistance to internally
displaced persons in eastern Burma, in addition
to assistance for Burmese refugees from funds
appropriated by this Act under the heading
``Migration and Refugee Assistance'':
Provided, That such funds may be available for
programs to support the return of Kachin,
Karen, Rohingya, Shan, and other refugees and
internally displaced persons to their locations
of origin or preference in Burma only if such
returns are voluntary and consistent with
international law.
(C) Funds appropriated under title III of
this Act for assistance for Burma that are made
available for assistance for the Government of
Burma to support the implementation of
Nationwide Ceasefire Agreement conferences,
committees, and other procedures may only be
made available if the Secretary of State
reports to the Committees on Appropriations
that such conferences, committees, and
procedures are directed toward a sustainable
peace and the Government of Burma is
implementing its commitments under such
Agreement.
(2) International security assistance.--None of the
funds appropriated by this Act under the headings
``International Military Education and Training'' and
``Foreign Military Financing Program'' may be made
available for assistance for Burma: Provided, That the
Department of State may continue consultations with the
armed forces of Burma only on human rights and disaster
response in a manner consistent with the prior fiscal
year, and following consultation with the appropriate
congressional committees.
(3) Limitations.--None of the funds appropriated
under title III of this Act for assistance for Burma
may be made available to any organization or entity
controlled by the armed forces of Burma, or to any
individual or organization that has committed a gross
violation of human rights or advocates violence against
ethnic or religious groups or individuals in Burma, as
determined by the Secretary of State for programs
administered by the Department of State and USAID or
the President of the National Endowment for Democracy
(NED) for programs administered by NED.
(4) Consultation.--Any new program or activity in
Burma initiated in fiscal year 2021 shall be subject to
prior consultation with the appropriate congressional
committees.
(b) Cambodia.--
(1) Assistance.--Of the funds appropriated under
title III of this Act, not less than $85,505,000 shall
be made available for assistance for Cambodia.
(2) Certification and exceptions.--
(A) Certification.--None of the funds
appropriated by this Act that are made
available for assistance for the Government of
Cambodia may be obligated or expended unless
the Secretary of State certifies and reports to
the Committees on Appropriations that such
Government is taking effective steps to--
(i) strengthen regional security and
stability, particularly regarding
territorial disputes in the South China
Sea and the enforcement of
international sanctions with respect to
North Korea;
(ii) assert its sovereignty against
interference by the People's Republic
of China, including by verifiably
maintaining the neutrality of Ream
Naval Base, other military
installations in Cambodia, and dual use
facilities such as the Dara Sakor
development project;
(iii) cease violence and harassment
against civil society and the political
opposition in Cambodia, and dismiss any
politically motivated criminal charges
against those who criticize the
government; and
(iv) respect the rights, freedoms,
and responsibilities enshrined in the
Constitution of the Kingdom of Cambodia
as enacted in 1993.
(B) Exceptions.--The certification required
by subparagraph (A) shall not apply to funds
appropriated by this Act and made available for
democracy, health, education, and environment
programs, programs to strengthen the
sovereignty of Cambodia, and programs to
educate and inform the people of Cambodia of
the influence activities of the People's
Republic of China in Cambodia.
(3) Uses of funds.--Funds appropriated under title
III of this Act for assistance for Cambodia shall be
made available for--
(A) research and education programs
associated with the Khmer Rouge in Cambodia;
and
(B) programs in the Khmer language to
monitor, map, and publicize the efforts by the
People's Republic of China to expand its
influence in Cambodia.
(c) Indo-Pacific Strategy and the Asia Reassurance Initiative
Act of 2018.--
(1) Assistance.--Of the funds appropriated under
titles III and IV of this Act, not less than
$1,482,000,000 shall be made available to support
implementation of the Indo-Pacific Strategy and the
Asia Reassurance Initiative Act of 2018 (Public Law
115-409).
(2) Countering chinese influence fund.--Of the funds
appropriated by this Act under the headings
``Development Assistance'', ``Economic Support Fund'',
``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', and ``Foreign Military
Financing Program'', not less than $300,000,000 shall
be made available for a Countering Chinese Influence
Fund to counter the malign influence of the Government
of the People's Republic of China and the Chinese
Communist Party and entities acting on their behalf
globally, which shall be subject to prior consultation
with the Committees on Appropriations: Provided, That
such funds are in addition to amounts otherwise made
available for such purposes: Provided further, That
such funds appropriated under such headings may be
transferred to, and merged with, funds appropriated
under such headings: Provided further, That such
transfer authority is in addition to any other transfer
authority provided by this Act or any other Act, and is
subject to the regular notification procedures of the
Committees on Appropriations.
(3) Restriction on uses of funds.--None of the funds
appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs may be made available
for any project or activity that directly supports or
promotes--
(A) the Belt and Road Initiative or any dual-
use infrastructure projects of the People's
Republic of China; and
(B) the use of technology, including
biotechnology, digital, telecommunications, and
cyber, developed by the People's Republic of
China unless the Secretary of State, in
consultation with the USAID Administrator and
the heads of other Federal agencies, as
appropriate, determines that such use does not
adversely impact the national security of the
United States.
(d) Laos.--Of the funds appropriated under titles III and IV
of this Act, not less than $80,930,000 shall be made available
for assistance for Laos.
(e) North Korea.--
(1) Cybersecurity.--None of the funds appropriated by
this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related
programs may be made available for assistance for the
central government of a country the Secretary of State
determines and reports to the appropriate congressional
committees engages in significant transactions
contributing materially to the malicious cyber-
intrusion capabilities of the Government of North
Korea: Provided, That the Secretary of State shall
submit the report required by section 209 of the North
Korea Sanctions and Policy Enhancement Act of 2016
(Public Law 114-122; 22 U.S.C. 9229) to the Committees
on Appropriations: Provided further, That the
Secretary of State may waive the application of the
restriction in this paragraph with respect to
assistance for the central government of a country if
the Secretary determines and reports to the appropriate
congressional committees that to do so is important to
the national security interest of the United States,
including a description of such interest served.
(2) Broadcasts.--Funds appropriated by this Act under
the heading ``International Broadcasting Operations''
shall be made available to maintain broadcasting hours
into North Korea at levels not less than the prior
fiscal year.
(3) Human rights.--Funds appropriated by this Act
under the headings ``Economic Support Fund'' and
``Democracy Fund'' shall be made available for the
promotion of human rights in North Korea: Provided,
That the authority of section 7032(b)(1) of this Act
shall apply to such funds.
(4) Limitation on use of funds.--None of the funds
made available by this Act under the heading ``Economic
Support Fund'' may be made available for assistance for
the Government of North Korea.
(f) People's Republic of China.--
(1) Limitation on use of funds.--None of the funds
appropriated under the heading ``Diplomatic Programs''
in this Act may be obligated or expended for processing
licenses for the export of satellites of United States
origin (including commercial satellites and satellite
components) to the People's Republic of China (PRC)
unless, at least 15 days in advance, the Committees on
Appropriations are notified of such proposed action.
(2) People's liberation army.--The terms and
requirements of section 620(h) of the Foreign
Assistance Act of 1961 shall apply to foreign
assistance projects or activities of the People's
Liberation Army (PLA) of the PRC, to include such
projects or activities by any entity that is owned or
controlled by, or an affiliate of, the PLA: Provided,
That none of the funds appropriated or otherwise made
available pursuant to this Act may be used to finance
any grant, contract, or cooperative agreement with the
PLA, or any entity that the Secretary of State has
reason to believe is owned or controlled by, or an
affiliate of, the PLA.
(3) Hong kong.--
(A) Democracy programs.--Of the funds
appropriated by this Act under the first
paragraph under the heading ``Democracy Fund'',
not less than $3,000,000 shall be made
available for democracy and Internet freedom
programs for Hong Kong, including legal and
other support for democracy activists.
(B) Restrictions on assistance.--None of the
funds appropriated by this Act or prior Acts
making appropriations for the Department of
State, foreign operations, and related programs
that are made available for assistance for Hong
Kong should be obligated for assistance for the
Government of the People's Republic of China
and the Chinese Communist Party or any entity
acting on their behalf in Hong Kong.
(C) Report.--Funds appropriated under title I
of this Act shall be made available to prepare
and submit to Congress the report required by
section 301 of the United States-Hong Kong
Policy Act of 1992 (22 U.S.C. 5731), which
shall include the information described in
section 7043(f)(4)(B) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2020 (division G of Public
Law 116-94) and under this paragraph in the
explanatory statement described in section 4
(in the matter preceding division A of this
consolidated Act).
(4) Uyghurs and other muslim minorities.--The
determination described under this heading in the
explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act)
shall be submitted to the appropriate congressional
committees not later than 90 days after enactment of
this Act.
(5) Clarification.--Funds appropriated by this Act
and prior Acts making appropriations for the Department
of State, foreign operations, and related programs that
are made available for programs in the People's
Republic of China may be used to counter the impact of
Chinese influence and investments in the Greater Mekong
Subregion, following consultation with the Committees
on Appropriations.
(g) Philippines.--None of the funds appropriated by this Act
may be made available for counternarcotics assistance for the
Philippines, except for drug demand reduction, maritime law
enforcement, or transnational interdiction.
(h) Tibet.--
(1) Financing of projects in tibet.--The Secretary of
the Treasury should instruct the United States
executive director of each international financial
institution to use the voice and vote of the United
States to support financing of projects in Tibet if
such projects do not provide incentives for the
migration and settlement of non-Tibetans into Tibet or
facilitate the transfer of ownership of Tibetan land
and natural resources to non-Tibetans, are based on a
thorough needs-assessment, foster self-sufficiency of
the Tibetan people and respect Tibetan culture and
traditions, and are subject to effective monitoring.
(2) Programs for tibetan communities.--(A)
Notwithstanding any other provision of law, of the
funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $8,000,000
shall be made available to nongovernmental
organizations to support activities which preserve
cultural traditions and promote sustainable
development, education, and environmental conservation
in Tibetan communities in the Tibet Autonomous Region
and in other Tibetan communities in China.
(B) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$6,000,000 shall be made available for programs to
promote and preserve Tibetan culture and language in
the refugee and diaspora Tibetan communities,
development, and the resilience of Tibetan communities
and the Central Tibetan Administration in India and
Nepal, and to assist in the education and development
of the next generation of Tibetan leaders from such
communities: Provided, That such funds are in addition
to amounts made available in subparagraph (A) for
programs inside Tibet.
(C) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$3,000,000 shall be made available for programs to
strengthen the capacity of the Central Tibetan
Administration: Provided, That such funds shall be
administered by the United States Agency for
International Development.
(i) Vietnam.--Of the funds appropriated under titles III and
IV of this Act, not less than $169,739,000 shall be made
available for assistance for Vietnam, of which not less than--
(1) $14,500,000 shall be made available for health
and disability programs in areas sprayed with Agent
Orange and contaminated with dioxin, to assist
individuals with severe upper or lower body mobility
impairment or cognitive or developmental disabilities;
(2) $19,000,000 shall be made available,
notwithstanding any other provision of law, for
activities related to the remediation of dioxin
contaminated sites in Vietnam and may be made available
for assistance for the Government of Vietnam, including
the military, for such purposes; and
(3) $2,500,000 shall be made available for a war
legacy reconciliation program.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Funding and limitations.--Funds appropriated by
this Act under the headings ``Economic Support Fund''
and ``International Narcotics Control and Law
Enforcement'' that are made available for assistance
for Afghanistan--
(A) shall be made available to implement the
South Asia Strategy, the Revised Strategy for
United States Engagement in Afghanistan, and
the United States Agency for International
Development Country Development Cooperation
Strategy for Afghanistan;
(B) shall be made available for programs that
implement and support comprehensive strategies
to combat corruption in Afghanistan, with an
emphasis on public disclosure of government
receipts and expenditures and prosecution and
punishment of corrupt officials;
(C) shall be made available to continue
support for not-for-profit institutions of
higher education in Kabul, Afghanistan that are
accessible to both women and men in a
coeducational environment, including for the
costs for operations and security for such
institutions;
(D) shall be made available for programs that
protect and strengthen the rights of Afghan
women and girls and promote the political and
economic empowerment of women including their
meaningful inclusion in political processes:
Provided, That such assistance to promote the
economic empowerment of women shall be made
available as grants to Afghan organizations, to
the maximum extent practicable;
(E) shall prioritize, unless the Secretary of
State or the Administrator of the United States
Agency for International Development, as
appropriate, determines that security
conditions do not permit or risk deterioration,
assistance to support long-term development in
areas previously under the control of the
Taliban or other violent extremist groups:
Provided, That such funds may be made available
notwithstanding any other provision of law and
following consultation with the Committees on
Appropriation;
(F) may not be made available for any
program, project, or activity pursuant to
section 7044(a)(1)(C) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2019 (division F of Public
Law 116-6); and
(G) may be made available, notwithstanding
any other provision of law, for programs and
activities to address the needs of the people
of Afghanistan in support of peace and
reconciliation, including reintegration of
former Taliban and other extremists.
(2) Afghan women.--
(A) In general.--The Secretary of State shall
promote and ensure the meaningful participation
of Afghan women in any discussions between the
Government of Afghanistan and the Taliban
related to the future of Afghanistan in a
manner consistent with the Women, Peace, and
Security Act of 2017 (Public Law 115-68) and
the 2019 United States Strategy on Women,
Peace, and Security, including through--
(i) advocacy by the United States
Government for the inclusion of Afghan
women representatives, particularly
from civil society and rural provinces,
in ongoing and future discussion;
(ii) the leveraging of assistance for
the protection of women and girls and
their rights; and
(iii) efforts to ensure that any
agreement protects women's and girl's
rights and ensures their freedom of
movement, rights to education and work,
and access to healthcare and legal
representation.
(B) Assistance.--Funds appropriated by this
Act and prior Acts making appropriations for
the Department of State, foreign operations,
and related programs under the heading
``Economic Support Fund'' shall be made
available for an endowment pursuant to
paragraph (3)(A)(iv) of this subsection for a
not-for-profit institution of higher education
in Kabul, Afghanistan that is accessible to
both women and men in a coeducational
environment: Provided, That such endowment
shall be established in partnership with a
United States-based American higher education
institution that will serve on its board of
trustees: Provided further, That prior to the
obligation of funds for such an endowment, the
Administrator of the United States Agency for
International Development shall submit a report
to the Committees on Appropriations describing
the governance structure, including a proposed
board of trustees, and financial safeguards,
including regular audit and reporting
requirements, in any endowment agreement:
Provided further, That the USAID Administrator
shall provide a report on the expenditure of
funds generated from such an endowment to the
Committees on Appropriations on an annual
basis.
(3) Authorities.--
(A) Funds appropriated by this Act under
titles III through VI that are made available
for assistance for Afghanistan may be made
available--
(i) notwithstanding section 7012 of
this Act or any similar provision of
law and section 660 of the Foreign
Assistance Act of 1961;
(ii) for reconciliation programs and
disarmament, demobilization, and
reintegration activities for former
combatants who have renounced violence
against the Government of Afghanistan,
including in accordance with section
7046(a)(2)(B)(ii) of the Department of
State, Foreign Operations, and Related
Programs Appropriations Act, 2012
(division I of Public Law 112-74);
(iii) for an endowment to empower
women and girls; and
(iv) for an endowment for higher
education.
(B) Section 7046(a)(2)(A) of the Department
of State, Foreign Operations, and Related
Programs Appropriations Act, 2012 (division I
of Public Law 112-74) shall apply to funds
appropriated by this Act for assistance for
Afghanistan.
(C) Of the funds appropriated by this Act
under the heading ``Diplomatic Programs'', up
to $3,000,000 may be transferred to any other
appropriation of any department or agency of
the United States Government, upon the
concurrence of the head of such department or
agency, to support operations in, and
assistance for, Afghanistan and to carry out
the provisions of the Foreign Assistance Act of
1961: Provided, That any such transfer shall
be subject to the regular notification
procedures of the Committees on Appropriations.
(4) Agreement, report, and certification.--Funds
appropriated by this Act shall be made available for
the following purposes--
(A) the submission to the appropriate
congressional committees by the President of a
copy of any agreement or arrangement between
the Government of the United States and the
Taliban relating to the United States presence
in Afghanistan or Taliban commitments on the
future of Afghanistan, which shall be submitted
not later than 30 days after finalizing or
amending such an agreement or arrangement:
Provided, That not later than 30 days after
enactment of this Act and every 60 days
thereafter until September 30, 2021, the
Secretary of State shall submit to such
committees a report detailing and assessing the
activities of the Taliban to abide by their
commitments in such agreement or arrangement;
and
(B) the submission to the appropriate
congressional committees of a joint
certification by the Secretary of State and
Secretary of Defense that such agreement or
arrangement, or any amendment to such agreement
or arrangement, will further the objective of
setting conditions for the long-term defeat of
al Qaeda and Islamic State and will not make
the United States more vulnerable to terrorist
attacks originating from Afghanistan or
supported by terrorist elements in Afghanistan:
Provided, That the initial joint certification
to such committees shall be submitted upon
enactment of this Act, and additional joint
certifications, as appropriate, shall be
submitted to such committees not later than 30
days after any amendment to such agreement or
arrangement.
(5) Updated strategy.--Not less than 90 days after
enactment of this Act, the Secretary of State, in
consultation with the heads of other relevant Federal
agencies, shall submit to the appropriate congressional
committees a comprehensive, multi-year strategy for
diplomatic and development engagement with the
Government of Afghanistan that reflects the agreement
between the United States and the Taliban, as well as
intra-Afghan negotiations: Provided, That such
strategy shall include a component to protect and
strengthen women and girl's welfare and rights,
including in any intra-Afghan negotiation and during
the implementation of any peace agreement: Provided
further, That such strategy shall describe the
anticipated United States diplomatic and military
presence in Afghanistan over a multi-year period and
related strategy for mitigating and countering ongoing
terrorist threats and violent extremism: Provided
further, That the Secretary of State shall consult with
such committees on the parameters of such strategy:
Provided further, That the strategy required by this
paragraph shall be submitted in unclassified form, but
may be accompanied by a classified annex.
(6) Basing rights agreement.--None of the funds made
available by this Act may be used by the United States
Government to enter into a permanent basing rights
agreement between the United States and Afghanistan.
(b) Bangladesh.--Of the funds appropriated under titles III
and IV of this Act, not less than $198,323,000 shall be made
available for assistance for Bangladesh, of which--
(1) not less than $23,500,000 shall be made available
to address the needs of communities impacted by
refugees from Burma;
(2) not less than $10,000,000 shall be made available
for programs to protect freedom of expression and due
process of law; and
(3) not less than $23,300,000 shall be made available
for democracy programs, of which not less than
$2,000,000 shall be made available for such programs
for the Rohingya community in Bangladesh.
(c) Nepal.--
(1) Assistance.--Of the funds appropriated under
titles III and IV of this Act, not less than
$130,265,000 shall be made available for assistance for
Nepal, including for development and democracy
programs.
(2) Foreign military financing program.--Funds
appropriated by this Act under the heading ``Foreign
Military Financing Program'' shall only be made
available for humanitarian and disaster relief and
reconstruction activities in Nepal, and in support of
international peacekeeping operations: Provided, That
such funds may only be made available for any
additional uses if the Secretary of State certifies and
reports to the Committees on Appropriations that the
Government of Nepal is investigating and prosecuting
violations of human rights and the laws of war, and the
Nepal Army is cooperating fully with civilian judicial
authorities in such cases.
(d) Pakistan.--
(1) Terms and conditions.--The terms and conditions
of section 7044(c) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2019 (division F of Public Law 116-6) shall continue in
effect during fiscal year 2021.
(2) Assistance.--Of the funds appropriated under
title III of this Act that are made available for
assistance for Pakistan, not less than $15,000,000
shall be made available for democracy programs and not
less than $10,000,000 shall be made available for
gender programs.
(3) Clarification.--Notwithstanding paragraph (1),
section 7044(d)(4)(A) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2015 (division J of Public Law 113-235) is amended
by striking ``shall'' and inserting in lieu thereof
``may''.
(e) Sri Lanka.--
(1) Assistance.--Funds appropriated under title III
of this Act shall be made available for assistance for
Sri Lanka for democracy and economic development
programs, particularly in areas recovering from ethnic
and religious conflict: Provided, That such funds
shall be made available for programs to assist in the
identification and resolution of cases of missing
persons.
(2) Certification.--Funds appropriated by this Act
for assistance for the central Government of Sri Lanka
may be made available only if the Secretary of State
certifies and reports to the Committees on
Appropriations that such Government is taking effective
and consistent steps to--
(A) respect and uphold the rights and
freedoms of the people of Sri Lanka regardless
of ethnicity and religious belief, including by
investigating violations of human rights and
holding perpetrators of such violations
accountable;
(B) increase transparency and accountability
in governance;
(C) assert its sovereignty against influence
by the People's Republic of China; and
(D) promote reconciliation between ethnic and
religious groups, particularly arising from
past conflict in Sri Lanka, including by--
(i) addressing land confiscation and
ownership issues;
(ii) resolving cases of missing
persons, including by maintaining a
functioning office of missing persons;
(iii) reducing the presence of the
armed forces in former conflict zones
and restructuring the armed forces for
a peacetime role that contributes to
post-conflict reconciliation and
regional security;
(iv) repealing or amending laws on
arrest and detention by security forces
to comply with international standards;
and
(v) investigating allegations of
arbitrary arrest and torture, and
supporting a credible justice
mechanism:
Provided, That the limitations of this
paragraph shall not apply to funds made
available for humanitarian assistance and
disaster relief; to protect human rights,
locate and identify missing persons, and assist
victims of torture and trauma; to promote
justice, accountability, and reconciliation; to
enhance maritime security and domain awareness;
to promote fiscal transparency and sovereignty;
and for International Military Education and
Training.
(3) International security assistance.--Of the funds
appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under the heading
``Foreign Military Financing Program'', up to
$15,000,000 may be made available for assistance for
Sri Lanka for the refurbishing of a high endurance
cutter: Provided, That in addition to such funds, up
to $500,000 may be made available only for programs to
support humanitarian assistance, disaster relief,
instruction in human rights and related curricula
development, and maritime security and domain
awareness, including professionalization and training
for the navy and coast guard: Provided further, That
amounts repurposed pursuant to this paragraph that were
previously designated by the Congress, respectively, as
an emergency requirement or for Overseas Contingency
Operations/Global War on Terrorism pursuant to the
Balanced Budget and Emergency Deficit Control Act of
1985 are designated by the Congress as being for an
emergency requirement pursuant to section
251(b)(2)(A)(i) of such Act or for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of such Act.
(f) Regional Programs.--Funds appropriated by this Act shall
be made available for assistance for Afghanistan, Pakistan, and
other countries in South and Central Asia to significantly
increase the recruitment, training, and retention of women in
the judiciary, police, and other security forces, and to train
judicial and security personnel in such countries to prevent
and address gender-based violence, human trafficking, and other
practices that disproportionately harm women and girls.
latin america and the caribbean
Sec. 7045. (a) Central America.--
(1) Assistance.--Of the funds appropriated by this
Act under titles III and IV, $505,925,000 should be
made available for assistance for Belize, Costa Rica,
El Salvador, Guatemala, Honduras, Nicaragua, and
Panama, including through the Central America Regional
Security Initiative: Provided, That such assistance
shall be prioritized for programs and activities that
address the key factors that contribute to the
migration of unaccompanied, undocumented minors to the
United States and such funds shall be made available
for global health, humanitarian, development,
democracy, border security, and law enforcement
programs for such countries, including for programs to
reduce violence against women and girls and to combat
corruption, and for support of commissions against
corruption and impunity, as appropriate: Provided
further, That not less than $45,000,000 shall be made
available for support of offices of Attorneys General
and of other entities and activities to combat
corruption and impunity in such countries.
(2) Northern triangle.--
(A) Limitation on assistance to certain
central governments.--Of the funds made
available pursuant to paragraph (1) under the
heading ``Economic Support Fund'' and under
title IV of this Act that are made available
for assistance for each of the central
governments of El Salvador, Guatemala, and
Honduras, 50 percent may only be obligated
after the Secretary of State certifies and
reports to the Committees on Appropriations
that such government is--
(i) combating corruption and
impunity, including prosecuting corrupt
government officials;
(ii) implementing reforms, policies,
and programs to increase transparency
and strengthen public institutions;
(iii) protecting the rights of civil
society, opposition political parties,
and the independence of the media;
(iv) providing effective and
accountable law enforcement and
security for its citizens, and
upholding due process of law;
(v) implementing policies to reduce
poverty and promote equitable economic
growth and opportunity;
(vi) upholding the independence of
the judiciary and of electoral
institutions;
(vii) improving border security;
(viii) combating human smuggling and
trafficking and countering the
activities of criminal gangs, drug
traffickers, and transnational criminal
organizations;
(ix) informing its citizens of the
dangers of the journey to the southwest
border of the United States; and
(x) resolving disputes involving the
confiscation of real property of United
States entities.
(B) Reprogramming.--If the Secretary is
unable to make the certification required by
subparagraph (A) for one or more of the
governments, such assistance for such central
government shall be reprogrammed for assistance
for other countries in Latin America and the
Caribbean, notwithstanding the minimum funding
requirements of this subsection and of section
7019 of this Act: Provided, That any such
reprogramming shall be subject to the regular
notification procedures of the Committees on
Appropriations.
(C) Exceptions.--The limitation of
subparagraph (A) shall not apply to funds
appropriated by this Act that are made
available for--
(i) offices of Attorneys General and
other judicial entities and activities
related to combating corruption and
impunity;
(ii) programs to combat gender-based
violence;
(iii) humanitarian assistance; and
(iv) food security programs.
(D) Foreign military financing program.--None
of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program''
may be made available for assistance for El
Salvador, Guatemala, or Honduras.
(b) Colombia.--
(1) Assistance.--Of the funds appropriated by this
Act under titles III and IV, not less than $461,375,000
shall be made available for assistance for Colombia:
Provided, That such funds shall be made available for
the programs and activities described under this
section in House Report 116-444.
(2) Withholding of funds.--
(A) Counternarcotics.--Of the funds
appropriated by this Act under the heading
``International Narcotics Control and Law
Enforcement'' and made available for assistance
for Colombia, 20 percent may be obligated only
after the Secretary of State certifies and
reports to the Committees on Appropriations
that the Government of Colombia is continuing
to implement a national whole-of-government
counternarcotics strategy designed to reduce by
50 percent cocaine production and coca
cultivation levels in Colombia by 2023 and such
strategy is not in violation of the 2016 peace
accord between the Government of Colombia and
the Revolutionary Armed Forces of Colombia.
(B) Human rights.--Of the funds appropriated
by this Act under the heading ``Foreign
Military Financing Program'' and made available
for assistance for Colombia, 20 percent may be
obligated only after the Secretary of State
certifies and reports to the Committees on
Appropriations that--
(i) the Special Jurisdiction for
Peace and other judicial authorities
are taking effective steps to hold
accountable perpetrators of gross
violations of human rights in a manner
consistent with international law,
including for command responsibility,
and sentence them to deprivation of
liberty;
(ii) the Government of Colombia is
taking effective steps to prevent
attacks against human rights defenders
and other civil society activists,
trade unionists, and journalists, and
judicial authorities are prosecuting
those responsible for such attacks;
(iii) the Government of Colombia is
taking effective steps to protect Afro-
Colombian and indigenous communities
and is respecting their rights and
territory;
(iv) senior military officers
responsible for ordering, committing,
and covering up cases of false
positives are being held accountable,
including removal from active duty if
found guilty through criminal or
disciplinary proceedings; and
(v) the Government of Colombia has
investigated and is taking steps to
hold accountable Government officials
credibly alleged to have directed,
authorized, or conducted illegal
surveillance of political opponents,
government officials, journalists, and
human rights defenders, including
through the use of assets provided by
the United States for combating
counterterrorism and counternarcotics
for such purposes.
(3) Exceptions.--The limitations of paragraph (2)
shall not apply to funds made available for aviation
instruction and maintenance, and maritime and riverine
security programs.
(4) Authority.--Aircraft supported by funds
appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs and made available for
assistance for Colombia may be used to transport
personnel and supplies involved in drug eradication and
interdiction, including security for such activities,
and to provide transport in support of alternative
development programs and investigations by civilian
judicial authorities.
(5) Limitation.--None of the funds appropriated by
this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related
programs that are made available for assistance for
Colombia may be made available for payment of
reparations to conflict victims or compensation to
demobilized combatants associated with a peace
agreement between the Government of Colombia and
illegal armed groups.
(c) Haiti.--
(1) Certification.--The certification requirement
contained in section 7045(c)(1) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2020 (division G of Public Law 116-
94) shall continue in effect during fiscal year 2021
and shall also apply to funds appropriated by this Act
under the heading ``Development Assistance'' that are
made available for assistance for Haiti.
(2) Haitian coast guard.--The Government of Haiti
shall be eligible to purchase defense articles and
services under the Arms Export Control Act (22 U.S.C.
2751 et seq.) for the Coast Guard.
(3) Limitation.--None of the funds made available by
this Act may be used to provide assistance to the armed
forces of Haiti.
(d) The Caribbean.--Of the funds appropriated by this Act
under titles III and IV, not less than $74,800,000 shall be
made available for the Caribbean Basin Security Initiative.
(e) Venezuela.--
(1) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$33,000,000 shall be made available for democracy
programs for Venezuela.
(2) Funds appropriated under title III of this Act
and prior Acts making appropriations for the Department
of State, foreign operations, and related programs
shall be made available for assistance for communities
in countries supporting or otherwise impacted by
refugees from Venezuela, including Colombia, Peru,
Ecuador, Curacao, and Trinidad and Tobago: Provided,
That such amounts are in addition to funds otherwise
made available for assistance for such countries,
subject to prior consultation with, and the regular
notification procedures of, the Committees on
Appropriations.
europe and eurasia
Sec. 7046. (a) Assistance.--
(1) Georgia.--Of the funds appropriated by this Act
under titles III and IV, not less than $132,025,000
shall be made available for assistance for Georgia:
Provided, That not later than 90 days after enactment
of this Act, the Secretary of State shall submit to the
Committees on Appropriations a report on the rule of
law and accountable institutions in Georgia as
described under this heading in the explanatory
statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(2) Ukraine.--Of the funds appropriated by this Act
under titles III and IV, not less than $453,000,000
shall be made available for assistance for Ukraine.
(b) Territorial Integrity.--None of the funds appropriated by
this Act may be made available for assistance for a government
of an Independent State of the former Soviet Union if such
government directs any action in violation of the territorial
integrity or national sovereignty of any other Independent
State of the former Soviet Union, such as those violations
included in the Helsinki Final Act: Provided, That except as
otherwise provided in section 7047(a) of this Act, funds may be
made available without regard to the restriction in this
subsection if the President determines that to do so is in the
national security interest of the United States: Provided
further, That prior to executing the authority contained in the
previous proviso, the Secretary of State shall consult with the
Committees on Appropriations on how such assistance supports
the national security interest of the United States.
(c) Section 907 of the Freedom Support Act.--Section 907 of
the FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply
to--
(1) activities to support democracy or assistance
under title V of the FREEDOM Support Act (22 U.S.C.
5851 et seq.) and section 1424 of the Defense Against
Weapons of Mass Destruction Act of 1996 (50 U.S.C.
2333) or non-proliferation assistance;
(2) any assistance provided by the Trade and
Development Agency under section 661 of the Foreign
Assistance Act of 1961;
(3) any activity carried out by a member of the
United States and Foreign Commercial Service while
acting within his or her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the United States International
Development Finance Corporation as authorized by the
BUILD Act of 2018 (division F of Public Law 115-254);
(5) any financing provided under the Export-Import
Bank Act of 1945 (Public Law 79-173); or
(6) humanitarian assistance.
(d) Turkey.--None of the funds made available by this Act may
be used to facilitate or support the sale of defense articles
or defense services to the Turkish Presidential Protection
Directorate (TPPD) under Chapter 2 of the Arms Export Control
Act (22 U.S.C. 2761 et seq.) unless the Secretary of State
determines and reports to the appropriate congressional
committees that members of the TPPD who are named in the July
17, 2017, indictment by the Superior Court of the District of
Columbia, and against whom there are pending charges, have
returned to the United States to stand trial in connection with
the offenses contained in such indictment or have otherwise
been brought to justice: Provided, That the limitation in this
paragraph shall not apply to the use of funds made available by
this Act for border security purposes, for North Atlantic
Treaty Organization or coalition operations, or to enhance the
protection of United States officials and facilities in Turkey.
countering russian influence and aggression
Sec. 7047. (a) Limitation.--None of the funds appropriated by
this Act may be made available for assistance for the central
Government of the Russian Federation.
(b) Annexation of Crimea.--
(1) Prohibition.--None of the funds appropriated by
this Act may be made available for assistance for the
central government of a country that the Secretary of
State determines and reports to the Committees on
Appropriations has taken affirmative steps intended to
support or be supportive of the Russian Federation
annexation of Crimea or other territory in Ukraine:
Provided, That except as otherwise provided in
subsection (a), the Secretary may waive the restriction
on assistance required by this paragraph if the
Secretary determines and reports to such Committees
that to do so is in the national interest of the United
States, and includes a justification for such interest.
(2) Limitation.--None of the funds appropriated by
this Act may be made available for--
(A) the implementation of any action or
policy that recognizes the sovereignty of the
Russian Federation over Crimea or other
territory in Ukraine;
(B) the facilitation, financing, or guarantee
of United States Government investments in
Crimea or other territory in Ukraine under the
control of Russian-backed separatists, if such
activity includes the participation of Russian
Government officials, or other Russian owned or
controlled financial entities; or
(C) assistance for Crimea or other territory
in Ukraine under the control of Russian-backed
separatists, if such assistance includes the
participation of Russian Government officials,
or other Russian owned or controlled financial
entities.
(3) International financial institutions.--The
Secretary of the Treasury shall instruct the United
States executive directors of each international
financial institution to use the voice and vote of the
United States to oppose any assistance by such
institution (including any loan, credit, or guarantee)
for any program that violates the sovereignty or
territorial integrity of Ukraine.
(4) Duration.--The requirements and limitations of
this subsection shall cease to be in effect if the
Secretary of State determines and reports to the
Committees on Appropriations that the Government of
Ukraine has reestablished sovereignty over Crimea and
other territory in Ukraine under the control of
Russian-backed separatists.
(c) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(1) Prohibition.--None of the funds appropriated by
this Act may be made available for assistance for the
central government of a country that the Secretary of
State determines and reports to the Committees on
Appropriations has recognized the independence of, or
has established diplomatic relations with, the Russian
Federation occupied Georgian territories of Abkhazia
and Tskhinvali Region/South Ossetia: Provided, That
the Secretary shall publish on the Department of State
website a list of any such central governments in a
timely manner: Provided further, That the Secretary
may waive the restriction on assistance required by
this paragraph if the Secretary determines and reports
to the Committees on Appropriations that to do so is in
the national interest of the United States, and
includes a justification for such interest.
(2) Limitation.--None of the funds appropriated by
this Act may be made available to support the Russian
Federation occupation of the Georgian territories of
Abkhazia and Tskhinvali Region/South Ossetia.
(3) International financial institutions.--The
Secretary of the Treasury shall instruct the United
States executive directors of each international
financial institution to use the voice and vote of the
United States to oppose any assistance by such
institution (including any loan, credit, or guarantee)
for any program that violates the sovereignty and
territorial integrity of Georgia.
(d) Countering Russian Influence Fund.--
(1) Assistance.--Of the funds appropriated by this
Act under the headings ``Assistance for Europe, Eurasia
and Central Asia'', ``International Narcotics Control
and Law Enforcement'', ``International Military
Education and Training'', and ``Foreign Military
Financing Program'', not less than $290,000,000 shall
be made available to carry out the purposes of the
Countering Russian Influence Fund, as authorized by
section 254 of the Countering Russian Influence in
Europe and Eurasia Act of 2017 (Public Law 115-44; 22
U.S.C. 9543) and notwithstanding the country limitation
in subsection (b) of such section, and programs to
enhance the capacity of law enforcement and security
forces in countries in Europe, Eurasia, and Central
Asia and strengthen security cooperation between such
countries and the United States and the North Atlantic
Treaty Organization, as appropriate.
(2) Economics and trade.--Funds appropriated by this
Act and made available for assistance for the Eastern
Partnership countries shall be made available to
advance the implementation of Association Agreements
and trade agreements with the European Union, and to
reduce their vulnerability to external economic and
political pressure from the Russian Federation.
(e) Democracy Programs.--Funds appropriated by this Act shall
be made available to support democracy programs in the Russian
Federation and other countries in Europe, Eurasia, and Central
Asia, including to promote Internet freedom: Provided, That of
the funds appropriated under the heading ``Assistance for
Europe, Eurasia and Central Asia'', not less than $20,000,000
shall be made available to strengthen democracy and civil
society in Central Europe, including for transparency,
independent media, rule of law, minority rights, and programs
to combat anti-Semitism.
united nations
Sec. 7048. (a) Transparency and Accountability.--Not later
than 180 days after enactment of this Act, the Secretary of
State shall report to the Committees on Appropriations whether
each organization, department, or agency receiving a
contribution from funds appropriated by this Act under the
headings ``Contributions to International Organizations'' and
``International Organizations and Programs'' is--
(1) posting on a publicly available website,
consistent with privacy regulations and due process,
regular financial and programmatic audits of such
organization, department, or agency, and providing the
United States Government with necessary access to such
financial and performance audits;
(2) effectively implementing and enforcing policies
and procedures which meet or exceed best practices in
the United States for the protection of whistleblowers
from retaliation, including--
(A) protection against retaliation for
internal and lawful public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting
retaliation;
(D) access to binding independent
adjudicative bodies, including shared cost and
selection of external arbitration; and
(E) results that eliminate the effects of
proven retaliation, including provision for the
restoration of prior employment; and
(3) effectively implementing and enforcing policies
and procedures on the appropriate use of travel funds,
including restrictions on first-class and business-
class travel.
(b) Restrictions on United Nations Delegations and
Organizations.--
(1) Restrictions on united states delegations.--None
of the funds made available by this Act may be used to
pay expenses for any United States delegation to any
specialized agency, body, or commission of the United
Nations if such agency, body, or commission is chaired
or presided over by a country, the government of which
the Secretary of State has determined, for purposes of
section 1754(c) of the Export Reform Control Act of
2018 (50 U.S.C. 4813(c)), supports international
terrorism.
(2) Restrictions on contributions.--None of the funds
made available by this Act may be used by the Secretary
of State as a contribution to any organization, agency,
commission, or program within the United Nations system
if such organization, agency, commission, or program is
chaired or presided over by a country the government of
which the Secretary of State has determined, for
purposes of section 620A of the Foreign Assistance Act
of 1961, section 40 of the Arms Export Control Act,
section 1754(c) of the Export Reform Control Act of
2018 (50 U.S.C. 4813(c)), or any other provision of
law, is a government that has repeatedly provided
support for acts of international terrorism.
(3) Waiver.--The Secretary of State may waive the
restriction in this subsection if the Secretary
determines and reports to the Committees on
Appropriations that to do so is important to the
national interest of the United States, including a
description of the national interest served.
(c) United Nations Human Rights Council.--None of the funds
appropriated by this Act may be made available in support of
the United Nations Human Rights Council unless the Secretary of
State determines and reports to the Committees on
Appropriations that participation in the Council is important
to the national interest of the United States and that such
Council is taking significant steps to remove Israel as a
permanent agenda item and ensure integrity in the election of
members to such Council: Provided, That such report shall
include a description of the national interest served and the
steps taken to remove Israel as a permanent agenda item and
ensure integrity in the election of members to such Council:
Provided further, That the Secretary of State shall report to
the Committees on Appropriations not later than September 30,
2021, on the resolutions considered in the United Nations Human
Rights Council during the previous 12 months, and on steps
taken to remove Israel as a permanent agenda item and ensure
integrity in the election of members to such Council.
(d) United Nations Relief and Works Agency.--Prior to the
initial obligation of funds for the United Nations Relief and
Works Agency (UNRWA), the Secretary of State shall report to
the Committees on Appropriations, in writing, on whether UNRWA
is--
(1) utilizing Operations Support Officers in the West
Bank, Gaza, and other fields of operation to inspect
UNRWA installations and reporting any inappropriate
use;
(2) acting promptly to address any staff or
beneficiary violation of its own policies (including
the policies on neutrality and impartiality of
employees) and the legal requirements under section
301(c) of the Foreign Assistance Act of 1961;
(3) implementing procedures to maintain the
neutrality of its facilities, including implementing a
no-weapons policy, and conducting regular inspections
of its installations, to ensure they are only used for
humanitarian or other appropriate purposes;
(4) taking necessary and appropriate measures to
ensure it is operating in compliance with the
conditions of section 301(c) of the Foreign Assistance
Act of 1961 and continuing regular reporting to the
Department of State on actions it has taken to ensure
conformance with such conditions;
(5) taking steps to ensure the content of all
educational materials currently taught in UNRWA-
administered schools and summer camps is consistent
with the values of human rights, dignity, and tolerance
and does not induce incitement;
(6) not engaging in operations with financial
institutions or related entities in violation of
relevant United States law, and is taking steps to
improve the financial transparency of the organization;
and
(7) in compliance with the United Nations Board of
Auditors' biennial audit requirements and is
implementing in a timely fashion the Board's
recommendations.
(e) Prohibition of Payments to United Nations Members.--None
of the funds appropriated or made available pursuant to titles
III through VI of this Act for carrying out the Foreign
Assistance Act of 1961, may be used to pay in whole or in part
any assessments, arrearages, or dues of any member of the
United Nations or, from funds appropriated by this Act to carry
out chapter 1 of part I of the Foreign Assistance Act of 1961,
the costs for participation of another country's delegation at
international conferences held under the auspices of
multilateral or international organizations.
(f) Report.--Not later than 45 days after enactment of this
Act, the Secretary of State shall submit a report to the
Committees on Appropriations detailing the amount of funds
available for obligation or expenditure in fiscal year 2021 for
contributions to any organization, department, agency, or
program within the United Nations system or any international
program that are withheld from obligation or expenditure due to
any provision of law: Provided, That the Secretary shall
update such report each time additional funds are withheld by
operation of any provision of law: Provided further, That the
reprogramming of any withheld funds identified in such report,
including updates thereof, shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
(g) Sexual Exploitation and Abuse in Peacekeeping
Operations.--The Secretary of State should withhold assistance
to any unit of the security forces of a foreign country if the
Secretary has credible information that such unit has engaged
in sexual exploitation or abuse, including while serving in a
United Nations peacekeeping operation, until the Secretary
determines that the government of such country is taking
effective steps to hold the responsible members of such unit
accountable and to prevent future incidents: Provided, That
the Secretary shall promptly notify the government of each
country subject to any withholding of assistance pursuant to
this paragraph, and shall notify the appropriate congressional
committees of such withholding not later than 10 days after a
determination to withhold such assistance is made: Provided
further, That the Secretary shall, to the maximum extent
practicable, assist such government in bringing the responsible
members of such unit to justice.
(h) Additional Availability.--Subject to the regular
notification procedures of the Committees on Appropriations,
funds appropriated by this Act which are returned or not made
available due to the third proviso under the heading
``Contributions for International Peacekeeping Activities'' in
title I of this Act or section 307(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2227(a)), shall remain available for
obligation until September 30, 2022: Provided, That the
requirement to withhold funds for programs in Burma under
section 307(a) of the Foreign Assistance Act of 1961 shall not
apply to funds appropriated by this Act.
war crimes tribunals
Sec. 7049. (a) If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of
commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by
the United Nations Security Council or such other tribunals or
commissions as the Council may establish or authorize to deal
with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the
determination required under this section shall be in lieu of
any determinations otherwise required under section 552(c):
Provided further, That funds made available pursuant to this
section shall be made available subject to the regular
notification procedures of the Committees on Appropriations.
(b) None of the funds appropriated by this Act may be made
available for a United States contribution to the International
Criminal Court: Provided, That funds may be made available for
technical assistance, training, assistance for victims,
protection of witnesses, and law enforcement support related to
international investigations, apprehensions, prosecutions, and
adjudications of genocide, crimes against humanity, and war
crimes: Provided further, That the previous proviso shall not
apply to investigations, apprehensions, or prosecutions of
American service members and other United States citizens or
nationals, or nationals of the North Atlantic Treaty
Organization (NATO) or major non-NATO allies initially
designated pursuant to section 517(b) of the Foreign Assistance
Act of 1961.
global internet freedom
Sec. 7050. (a) Funding.--Of the funds available for
obligation during fiscal year 2021 under the headings
``International Broadcasting Operations'', ``Economic Support
Fund'', ``Democracy Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'', not less than $70,000,000 shall be
made available for programs to promote Internet freedom
globally: Provided, That such programs shall be prioritized
for countries whose governments restrict freedom of expression
on the Internet, and that are important to the national
interest of the United States: Provided further, That funds
made available pursuant to this section shall be matched, to
the maximum extent practicable, by sources other than the
United States Government, including from the private sector.
(b) Requirements.--
(1) Department of state and united states agency for
international development.--Funds appropriated by this
Act under the headings ``Economic Support Fund'',
``Democracy Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'' that are made available
pursuant to subsection (a) shall be--
(A) coordinated with other democracy programs
funded by this Act under such headings, and
shall be incorporated into country assistance
and democracy promotion strategies, as
appropriate;
(B) for programs to implement the May 2011,
International Strategy for Cyberspace, the
Department of State International Cyberspace
Policy Strategy required by section 402 of the
Cybersecurity Act of 2015 (division N of Public
Law 114-113), and the comprehensive strategy to
promote Internet freedom and access to
information in Iran, as required by section 414
of the Iran Threat Reduction and Syria Human
Rights Act of 2012 (22 U.S.C. 8754);
(C) made available for programs that support
the efforts of civil society to counter the
development of repressive Internet-related laws
and regulations, including countering threats
to Internet freedom at international
organizations; to combat violence against
bloggers and other users; and to enhance
digital security training and capacity building
for democracy activists;
(D) made available for research of key
threats to Internet freedom; the continued
development of technologies that provide or
enhance access to the Internet, including
circumvention tools that bypass Internet
blocking, filtering, and other censorship
techniques used by authoritarian governments;
and maintenance of the technological advantage
of the United States Government over such
censorship techniques: Provided, That the
Secretary of State, in consultation with the
United States Agency for Global Media Chief
Executive Officer (USAGM CEO) and the President
of the Open Technology Fund (OTF), shall
coordinate any such research and development
programs with other relevant United States
Government departments and agencies in order to
share information, technologies, and best
practices, and to assess the effectiveness of
such technologies; and
(E) made available only after the Assistant
Secretary for Democracy, Human Rights, and
Labor, Department of State, concurs that such
funds are allocated consistent with--
(i) the strategies referenced in
subparagraph (B) of this paragraph;
(ii) best practices regarding
security for, and oversight of,
Internet freedom programs; and
(iii) sufficient resources and
support for the development and
maintenance of anti-censorship
technology and tools.
(2) United states agency for global media.--Funds
appropriated by this Act under the heading
``International Broadcasting Operations'' that are made
available pursuant to subsection (a) shall be--
(A) made available only for open-source tools
and techniques to securely develop and
distribute USAGM digital content, facilitate
audience access to such content on websites
that are censored, coordinate the distribution
of USAGM digital content to targeted regional
audiences, and to promote and distribute such
tools and techniques, including digital
security techniques;
(B) coordinated by the USAGM CEO, in
consultation with the OTF President, with
programs funded by this Act under the heading
``International Broadcasting Operations'', and
shall be incorporated into country broadcasting
strategies, as appropriate;
(C) coordinated by the USAGM CEO, in
consultation with the OTF President, to solicit
project proposals through an open, transparent,
and competitive application process, seek input
from technical and subject matter experts to
select proposals, and support Internet
circumvention tools and techniques for
audiences in countries that are strategic
priorities for the OTF and in a manner
consistent with the United States Government
Internet freedom strategy; and
(D) made available for the research and
development of new tools or techniques
authorized in subparagraph (A) only after the
USAGM CEO, in consultation with the Secretary
of State, the OTF President, and other relevant
United States Government departments and
agencies, evaluates the risks and benefits of
such new tools or techniques, and establishes
safeguards to minimize the use of such new
tools or techniques for illicit purposes.
(c) Coordination and Spend Plans.--After consultation among
the relevant agency heads to coordinate and de-conflict planned
activities, but not later than 90 days after enactment of this
Act, the Secretary of State and the USAGM CEO, in consultation
with the OTF President, shall submit to the Committees on
Appropriations spend plans for funds made available by this Act
for programs to promote Internet freedom globally, which shall
include a description of safeguards established by relevant
agencies to ensure that such programs are not used for illicit
purposes: Provided, That the Department of State spend plan
shall include funding for all such programs for all relevant
Department of State and the United States Agency for
International Development offices and bureaus.
(d) Security Audits.--Funds made available pursuant to this
section to promote Internet freedom globally may only be made
available to support open-source technologies that undergo
comprehensive security audits consistent with the requirements
of the Bureau of Democracy, Human Rights, and Labor, Department
of State to ensure that such technology is secure and has not
been compromised in a manner detrimental to the interest of the
United States or to individuals and organizations benefiting
from programs supported by such funds: Provided, That the
security auditing procedures used by such Bureau shall be
reviewed and updated periodically to reflect current industry
security standards.
(e) Surge.--Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', up to $2,500,000 may be made
available to surge Internet freedom programs in closed
societies if the Secretary of State determines and reports to
the appropriate congressional committees that such use of funds
is in the national interest: Provided, That such funds are in
addition to amounts made available for such purposes: Provided
further, That such funds may be transferred to, and merged
with, funds appropriated by this Act under the heading
``International Broadcasting Operations'' following
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
torture and other cruel, inhuman, or degrading treatment or punishment
Sec. 7051. (a) Limitation.--None of the funds made available
by this Act may be used to support or justify the use of
torture and other cruel, inhuman, or degrading treatment or
punishment by any official or contract employee of the United
States Government.
(b) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available, notwithstanding section
660 of the Foreign Assistance Act of 1961 and following
consultation with the Committees on Appropriations, for
assistance to eliminate torture and other cruel, inhuman, or
degrading treatment or punishment by foreign police, military
or other security forces in countries receiving assistance from
funds appropriated by this Act.
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs under the headings ``Diplomatic Programs'',
``International Narcotics Control and Law Enforcement'',
``Andean Counterdrug Initiative'', and ``Andean Counterdrug
Programs'' may be used for any other program and in any region.
(b) Property Disposal.--The authority provided in subsection
(a) shall apply only after the Secretary of State determines
and reports to the Committees on Appropriations that the
equipment is no longer required to meet programmatic purposes
in the designated country or region: Provided, That any such
transfer shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations.
(c) Aircraft Coordination.--
(1) Authority.--The uses of aircraft purchased or
leased by the Department of State and the United States
Agency for International Development with funds made
available in this Act or prior Acts making
appropriations for the Department of State, foreign
operations, and related programs shall be coordinated
under the authority of the appropriate Chief of
Mission: Provided, That notwithstanding section
7063(b) of this Act, such aircraft may be used to
transport, on a reimbursable or non-reimbursable basis,
Federal and non-Federal personnel supporting Department
of State and USAID programs and activities: Provided
further, That official travel for other agencies for
other purposes may be supported on a reimbursable
basis, or without reimbursement when traveling on a
space available basis: Provided further, That funds
received by the Department of State in connection with
the use of aircraft owned, leased, or chartered by the
Department of State may be credited to the Working
Capital Fund of the Department and shall be available
for expenses related to the purchase, lease,
maintenance, chartering, or operation of such aircraft.
(2) Scope.--The requirement and authorities of this
subsection shall only apply to aircraft, the primary
purpose of which is the transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum
extent practicable, the costs of operations and maintenance,
including fuel, of aircraft funded by this Act shall be borne
by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117)
shall apply to this Act: Provided, That the date ``September
30, 2009'' in subsection (f)(2)(B) of such section shall be
deemed to be ``September 30, 2020''.
international monetary fund
Sec. 7054. (a) Extensions.--The terms and conditions of
sections 7086(b) (1) and (2) and 7090(a) of the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2010 (division F of Public Law 111-117) shall apply to
this Act.
(b) Repayment.--The Secretary of the Treasury shall instruct
the United States Executive Director of the International
Monetary Fund (IMF) to seek to ensure that any loan will be
repaid to the IMF before other private or multilateral
creditors.
extradition
Sec. 7055. (a) Limitation.--None of the funds appropriated in
this Act may be used to provide assistance (other than funds
provided under the headings ``Development Assistance'',
``International Disaster Assistance'', ``Complex Crises Fund'',
``International Narcotics Control and Law Enforcement'',
``Migration and Refugee Assistance'', ``United States Emergency
Refugee and Migration Assistance Fund'', and
``Nonproliferation, Anti-terrorism, Demining and Related
Assistance'') for the central government of a country which has
notified the Department of State of its refusal to extradite to
the United States any individual indicted for a criminal
offense for which the maximum penalty is life imprisonment
without the possibility of parole or for killing a law
enforcement officer, as specified in a United States
extradition request.
(b) Clarification.--Subsection (a) shall only apply to the
central government of a country with which the United States
maintains diplomatic relations and with which the United States
has an extradition treaty and the government of that country is
in violation of the terms and conditions of the treaty.
(c) Waiver.--The Secretary of State may waive the restriction
in subsection (a) on a case-by-case basis if the Secretary
certifies to the Committees on Appropriations that such waiver
is important to the national interest of the United States.
impact on jobs in the united states
Sec. 7056. None of the funds appropriated or otherwise made
available under titles III through VI of this Act may be
obligated or expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose
of inducing such an enterprise to relocate outside the
United States if such incentive or inducement is likely
to reduce the number of employees of such business
enterprise in the United States because United States
production is being replaced by such enterprise outside
the United States;
(2) assistance for any program, project, or activity
that contributes to the violation of internationally
recognized workers' rights, as defined in section
507(4) of the Trade Act of 1974, of workers in the
recipient country, including any designated zone or
area in that country: Provided, That the application
of section 507(4)(D) and (E) of such Act (19 U.S.C.
2467(4)(D) and (E)) should be commensurate with the
level of development of the recipient country and
sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture;
(3) any assistance to an entity outside the United
States if such assistance is for the purpose of
directly relocating or transferring jobs from the
United States to other countries and adversely impacts
the labor force in the United States; or
(4) for the enforcement of any rule, regulation,
policy, or guidelines implemented pursuant to the
Supplemental Guidelines for High Carbon Intensity
Projects approved by the Export-Import Bank of the
United States on December 12, 2013, when enforcement of
such rule, regulation, policy, or guidelines would
prohibit, or have the effect of prohibiting, any coal-
fired or other power-generation project the purpose of
which is to--
(A) provide affordable electricity in
International Development Association (IDA)-
eligible countries and IDA-blend countries; and
(B) increase exports of goods and services
from the United States or prevent the loss of
jobs from the United States.
united nations population fund
Sec. 7057. (a) Contribution.--Of the funds made available
under the heading ``International Organizations and Programs''
in this Act for fiscal year 2021, $32,500,000 shall be made
available for the United Nations Population Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act
for UNFPA, that are not made available for UNFPA because of the
operation of any provision of law, shall be transferred to the
``Global Health Programs'' account and shall be made available
for family planning, maternal, and reproductive health
activities, subject to the regular notification procedures of
the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds
made available by this Act may be used by UNFPA for a country
program in the People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made
available by this Act for UNFPA may not be made available
unless--
(1) UNFPA maintains funds made available by this Act
in an account separate from other accounts of UNFPA and
does not commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of
enactment of this Act, the Secretary of State shall
submit a report to the Committees on Appropriations
indicating the amount of funds that UNFPA is budgeting
for the year in which the report is submitted for a
country program in the People's Republic of China.
(2) If a report under paragraph (1) indicates that
UNFPA plans to spend funds for a country program in the
People's Republic of China in the year covered by the
report, then the amount of such funds UNFPA plans to
spend in the People's Republic of China shall be
deducted from the funds made available to UNFPA after
March 1 for obligation for the remainder of the fiscal
year in which the report is submitted.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III
and IV of this Act that are made available for bilateral
assistance for child survival activities or disease programs
including activities relating to research on, and the
prevention, treatment and control of, HIV/AIDS may be made
available notwithstanding any other provision of law except for
provisions under the heading ``Global Health Programs'' and the
United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as
amended: Provided, That of the funds appropriated under title
III of this Act, not less than $575,000,000 should be made
available for family planning/reproductive health, including in
areas where population growth threatens biodiversity or
endangered species.
(b) Infectious Disease Outbreaks.--
(1) Global health security.--Funds appropriated by
this Act under the heading ``Global Health Programs''
shall be made available for global health security
programs, which shall prioritize and accelerate efforts
to strengthen public health capacity in countries where
there is a high risk of emerging zoonotic and other
infectious diseases and to support the collection,
analysis, and sharing of data on unknown viruses and
other pathogens: Provided, That not later than 60 days
after enactment of this Act, the USAID Administrator
shall consult with the Committees on Appropriations on
the planned uses of such funds.
(2) Extraordinary measures.--If the Secretary of
State determines and reports to the Committees on
Appropriations that an international infectious disease
outbreak is sustained, severe, and is spreading
internationally, or that it is in the national interest
to respond to a Public Health Emergency of
International Concern, not to exceed an aggregate total
of $200,000,000 of the funds appropriated by this Act
under the headings ``Global Health Programs'',
``Development Assistance'', ``International Disaster
Assistance'', ``Complex Crises Fund'', ``Economic
Support Fund'', ``Democracy Fund'', ``Assistance for
Europe, Eurasia and Central Asia'', ``Migration and
Refugee Assistance'', and ``Millennium Challenge
Corporation'' may be made available to combat such
infectious disease or public health emergency, and may
be transferred to, and merged with, funds appropriated
under such headings for the purposes of this paragraph.
(3) Emergency reserve fund.--Up to $50,000,000 of the
funds made available under the heading ``Global Health
Programs'' may be made available for the Emergency
Reserve Fund established pursuant to section 7058(c)(1)
of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2017 (division J
of Public Law 115-31): Provided, That such funds shall
be made available under the same terms and conditions
of such section.
(4) Consultation and notification.--Funds made
available by this subsection shall be subject to prior
consultation with the appropriate congressional
committees and the regular notification procedures of
the Committees on Appropriations.
(c) Childhood Cancer.--Funds appropriated under titles III
and VI of this Act may be made available for public-private
partnerships, including in coordination with relevant
multilateral organizations and research entities, to address
childhood cancer: Provided, That the Secretary of State, in
consultation with the USAID Administrator and the Office of
Global Partnerships, Department of State, shall submit a report
to the Committees on Appropriations on the feasibility of such
partnerships prior to any obligation of funds and not later
than 90 days after enactment of this Act.
gender equality
Sec. 7059. (a) Women's Empowerment.--
(1) Gender equality.--Funds appropriated by this Act
shall be made available to promote gender equality in
United States Government diplomatic and development
efforts by raising the status, increasing the
participation, and protecting the rights of women and
girls worldwide.
(2) Women's economic empowerment.--Funds appropriated
by this Act are available to implement the Women's
Entrepreneurship and Economic Empowerment Act of 2018
(Public Law 115-428): Provided, That the Secretary of
State and the Administrator of the United States Agency
for International Development, as appropriate, shall
consult with the Committees on Appropriations on the
implementation of such Act.
(3) Women's global development and prosperity fund.--
Of the funds appropriated under title III of this Act,
up to $200,000,000 may be made available for the
Women's Global Development and Prosperity Fund.
(b) Women's Leadership.--Of the funds appropriated by title
III of this Act, not less than $50,000,000 shall be made
available for programs specifically designed to increase
leadership opportunities for women in countries where women and
girls suffer discrimination due to law, policy, or practice, by
strengthening protections for women's political status,
expanding women's participation in political parties and
elections, and increasing women's opportunities for leadership
positions in the public and private sectors at the local,
provincial, and national levels.
(c) Gender-Based Violence.--
(1) Of the funds appropriated under titles III and IV
of this Act, not less than $165,000,000 shall be made
available to implement a multi-year strategy to prevent
and respond to gender-based violence in countries where
it is common in conflict and non-conflict settings.
(2) Funds appropriated under titles III and IV of
this Act that are available to train foreign police,
judicial, and military personnel, including for
international peacekeeping operations, shall address,
where appropriate, prevention and response to gender-
based violence and trafficking in persons, and shall
promote the integration of women into the police and
other security forces.
(d) Women, Peace, and Security.--Of the funds appropriated by
this Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``Assistance for Europe, Eurasia and
Central Asia'', and ``International Narcotics Control and Law
Enforcement'', not less than $130,000,000 should be made
available to support a multi-year strategy to expand, and
improve coordination of, United States Government efforts to
empower women as equal partners in conflict prevention, peace
building, transitional processes, and reconstruction efforts in
countries affected by conflict or in political transition, and
to ensure the equitable provision of relief and recovery
assistance to women and girls.
(e) Women and Girls at Risk From Extremism and Conflict.--Of
the funds appropriated by this Act under the heading ``Economic
Support Fund'', not less than $15,000,000 shall be made
available to support women and girls who are at risk from
extremism and conflict, and for the activities described in
section 7059(e)(1) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2018
(division K of Public Law 115-141): Provided, That such funds
are in addition to amounts otherwise made available by this Act
for such purposes, and shall be made available following
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated under title III
of this Act, not less than $950,000,000 shall
be made available for assistance for basic
education, and such funds may be made available
notwithstanding any other provision of law that
restricts assistance to foreign countries:
Provided, That such funds shall also be used
for secondary education activities: Provided
further, That the Administrator of the United
States Agency for International Development,
following consultation with the Committees on
Appropriations, may reprogram such funds
between countries: Provided further, That of
the funds made available by this paragraph,
$150,000,000 should be available for the
education of girls in areas of conflict:
Provided further, That funds made available
under the headings ``Development Assistance''
and ``Economic Support Fund'' for the support
of non-state schools in this Act and prior Acts
making appropriations for the Department of
State, foreign operations, and related programs
shall be subject to the regular notification
procedures of the Committees on Appropriations.
(B) Of the funds appropriated under title III
of this Act for assistance for basic education
programs, not less than $150,000,000 shall be
made available for contributions to
multilateral partnerships that support
education.
(C) Funds appropriated under title III of
this Act and made available for assistance for
basic education as provided for in this
paragraph shall be referred to as the ``Nita M.
Lowey Basic Education Fund''.
(2) Higher education.--Of the funds appropriated by
title III of this Act, not less than $235,000,000 shall
be made available for assistance for higher education:
Provided, That such funds may be made available
notwithstanding any other provision of law that
restricts assistance to foreign countries, and shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That
of such amount, not less than $35,000,000 shall be made
available for new and ongoing partnerships between
higher education institutions in the United States and
developing countries focused on building the capacity
of higher education institutions and systems in
developing countries: Provided further, That not later
than 45 days after enactment of this Act, the USAID
Administrator shall consult with the Committees on
Appropriations on the proposed uses of funds for such
partnerships.
(3) Higher education in countries impacted by
economic crises.--In addition to amounts made available
pursuant to paragraph (2), of the funds appropriated by
this Act under the heading ``Economic Support Fund'',
not less than $50,000,000 shall be made available,
notwithstanding any other provision of law that
restricts assistance to foreign countries and following
consultation with the Committees on Appropriations, for
the following institutions that are recipients of
United States assistance and located in countries
impacted by economic crises--
(A) United States-accredited institutions of
higher education in the Middle East; and
(B) not-for-profit, coeducational American
institutions of higher education in the Middle
East and Asia.
(b) Development Programs.--Of the funds appropriated by this
Act under the heading ``Development Assistance'', not less than
$18,500,000 shall be made available for USAID cooperative
development programs and not less than $30,000,000 shall be
made available for the American Schools and Hospitals Abroad
program.
(c) Environment Programs.--
(1)(A) Funds appropriated by this Act to carry out
the provisions of sections 103 through 106, and chapter
4 of part II, of the Foreign Assistance Act of 1961 may
be used, notwithstanding any other provision of law,
except for the provisions of this subsection, to
support environment programs.
(B) Funds made available pursuant to this subsection
shall be subject to the regular notification procedures
of the Committees on Appropriations.
(2)(A) Of the funds appropriated under title III of
this Act, not less than $320,000,000 shall be made
available for biodiversity conservation programs.
(B) Not less than $100,664,000 of the funds
appropriated under titles III and IV of this Act shall
be made available to combat the transnational threat of
wildlife poaching and trafficking.
(C) None of the funds appropriated under title IV of
this Act may be made available for training or other
assistance for any military unit or personnel that the
Secretary of State determines has been credibly alleged
to have participated in wildlife poaching or
trafficking, unless the Secretary reports to the
appropriate congressional committees that to do so is
in the national security interest of the United States.
(D) Funds appropriated by this Act for biodiversity
programs shall not be used to support the expansion of
industrial scale logging or any other industrial scale
extractive activity into areas that were primary/intact
tropical forests as of December 30, 2013, and the
Secretary of the Treasury shall instruct the United
States executive directors of each international
financial institution (IFI) to use the voice and vote
of the United States to oppose any financing of any
such activity.
(3) The Secretary of the Treasury shall instruct the
United States executive director of each IFI that it is
the policy of the United States to use the voice and
vote of the United States, in relation to any loan,
grant, strategy, or policy of such institution,
regarding the construction of any large dam consistent
with the criteria set forth in Senate Report 114-79,
while also considering whether the project involves
important foreign policy objectives.
(4) Of the funds appropriated under title III of this
Act, not less than $135,000,000 shall be made available
for sustainable landscapes programs.
(5) Of the funds appropriated under title III of this
Act, not less than $177,000,000 shall be made available
for adaptation programs, including in support of the
implementation of the Indo-Pacific Strategy.
(6) Of the funds appropriated under title III of this
Act, not less than $179,000,000 shall be made available
for renewable energy programs, including in support of
carrying out the purposes of the Electrify Africa Act
(Public Law 114-121) and implementation of the Power
Africa initiative.
(7) Of the funds appropriated under title III of this
Act, not less than $75,000,000 shall be made available
for programs to address ocean plastic pollution and
other marine debris, including technical assistance for
waste management: Provided, That the Secretary of
State, in consultation with the Secretary of the
Treasury, the USAID Administrator, and the heads of
other relevant Federal agencies, shall seek to enter
into negotiations with key bilateral and multilateral
donors, including the World Bank, to establish a new
multilateral fund for ocean plastic pollution and other
marine debris: Provided further, That such funds may
be made available for a contribution to such new fund,
and for a USAID-administered multi-donor fund for such
purposes: Provided further, That such funds are in
addition to amounts otherwise made available by this
Act for such purposes: Provided further, That such
funds may only be made available following consultation
with the Committees on Appropriations.
(d) Food Security and Agricultural Development.--Of the funds
appropriated by title III of this Act, not less than
$1,010,600,000 shall be made available for food security and
agricultural development programs to carry out the purposes of
the Global Food Security Act of 2016 (Public Law 114-195):
Provided, That funds may be made available for a contribution
as authorized by section 3202 of the Food, Conservation, and
Energy Act of 2008 (Public Law 110-246), as amended by section
3310 of the Agriculture Improvement Act of 2018 (Public Law
115-334).
(e) Micro, Small, and Medium-sized Enterprises.--Of the funds
appropriated by this Act, not less than $265,000,000 shall be
made available to support the development of, and access to
financing for, micro, small, and medium-sized enterprises that
benefit the poor, especially women.
(f) Programs to Combat Trafficking in Persons.--Of the funds
appropriated by this Act under the headings ``Development
Assistance'', ``Economic Support Fund'', ``Assistance for
Europe, Eurasia and Central Asia'', and ``International
Narcotics Control and Law Enforcement'', not less than
$99,000,000 shall be made available for activities to combat
trafficking in persons internationally, including for the
Program to End Modern Slavery, of which not less than
$77,000,000 shall be from funds made available under the
heading ``International Narcotics Control and Law
Enforcement'': Provided, That funds made available by this Act
under the headings ``Development Assistance'', ``Economic
Support Fund'', and ``Assistance for Europe, Eurasia and
Central Asia'' that are made available for activities to combat
trafficking in persons should be obligated and programmed
consistent with the country-specific recommendations included
in the annual Trafficking in Persons Report, and shall be
coordinated with the Office to Monitor and Combat Trafficking
in Persons, Department of State.
(g) Reconciliation Programs.--Of the funds appropriated by
this Act under the heading ``Development Assistance'', not less
than $25,000,000 shall be made available to support people-to-
people reconciliation programs which bring together individuals
of different ethnic, religious, and political backgrounds from
areas of civil strife and war: Provided, That the USAID
Administrator shall consult with the Committees on
Appropriations, prior to the initial obligation of funds, on
the uses of such funds, and such funds shall be subject to the
regular notification procedures of the Committees on
Appropriations: Provided further, That to the maximum extent
practicable, such funds shall be matched by sources other than
the United States Government: Provided further, That such
funds shall be administered by the Office of Conflict
Management and Mitigation, USAID.
(h) Water and Sanitation.--Of the funds appropriated by this
Act, not less than $450,000,000 shall be made available for
water supply and sanitation projects pursuant to section 136 of
the Foreign Assistance Act of 1961, of which not less than
$225,000,000 shall be for programs in sub-Saharan Africa, and
of which not less than $15,000,000 shall be made available to
support initiatives by local communities in developing
countries to build and maintain safe latrines.
budget documents
Sec. 7061. (a) Operating Plans.--Not later than 45 days after
enactment of this Act, each department, agency, or organization
funded in titles I, II, and VI of this Act, and the Department
of the Treasury and Independent Agencies funded in title III of
this Act, including the Inter-American Foundation and the
United States African Development Foundation, shall submit to
the Committees on Appropriations an operating plan for funds
appropriated to such department, agency, or organization in
such titles of this Act, or funds otherwise available for
obligation in fiscal year 2021, that provides details of the
uses of such funds at the program, project, and activity level:
Provided, That such plans shall include, as applicable, a
comparison between the congressional budget justification
funding levels, the most recent congressional directives or
approved funding levels, and the funding levels proposed by the
department or agency; and a clear, concise, and informative
description/justification: Provided further, That operating
plans that include changes in levels of funding for programs,
projects, and activities specified in the congressional budget
justification, in this Act, or amounts specifically designated
in the respective tables included in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act), as applicable, shall be subject to the
notification and reprogramming requirements of section 7015 of
this Act.
(b) Spend Plans.--
(1) Not later than 90 days after enactment of this
Act, the Secretary of State or Administrator of the
United States Agency for International Development, as
appropriate, shall submit to the Committees on
Appropriations a spend plan for funds made available by
this Act, for--
(A) assistance for Afghanistan, Iraq,
Lebanon, Pakistan, Syria, Colombia, and
countries in Central America;
(B) assistance made available pursuant to
section 7047(d) of this Act to counter Russian
influence and aggression, except that such plan
shall be on a country-by-country basis;
(C) assistance made available pursuant to
section 7059 of this Act;
(D) the Indo-Pacific Strategy and the
Countering Chinese Influence Fund;
(E) democracy programs, the Power Africa and
Prosper Africa initiatives, and sectors
enumerated in subsections (a), (c), (d), (e),
(f), (g) and (h) of section 7060 of this Act;
(F) funds provided under the heading
``International Narcotics Control and Law
Enforcement'' for International Organized Crime
and for Cybercrime and Intellectual Property
Rights: Provided, That the spend plans shall
include bilateral and global programs funded
under such heading along with a brief
description of the activities planned for each
country; and
(G) the regional security initiatives
described under this heading in section 7050 in
Senate Report 116-126.
(2) Not later than 90 days after enactment of this
Act, the Secretary of the Treasury shall submit to the
Committees on Appropriations a detailed spend plan for
funds made available by this Act under the heading
``Department of the Treasury, International Affairs
Technical Assistance'' in title III.
(c) Clarification.--The spend plans referenced in subsection
(b) shall not be considered as meeting the notification
requirements in this Act or under section 634A of the Foreign
Assistance Act of 1961.
(d) Congressional Budget Justification.--
(1) Submission.--The congressional budget
justification for Department of State operations and
foreign operations shall be provided to the Committees
on Appropriations concurrent with the date of
submission of the President's budget for fiscal year
2022: Provided, That the appendices for such
justification shall be provided to the Committees on
Appropriations not later than 10 calendar days
thereafter.
(2) Multi-year availability of certain funds.--The
Secretary of State and the USAID Administrator shall
include in the congressional budget justification a
detailed justification for multi-year availability for
any funds requested under the headings ``Diplomatic
Programs'' and ``Operating Expenses''.
reorganization
Sec. 7062. (a) Oversight.--
(1) Prior consultation and notification.--Funds
appropriated by this Act, prior Acts making
appropriations for the Department of State, foreign
operations, and related programs, or any other Act may
not be used to implement a reorganization, redesign, or
other plan described in paragraph (2) by the Department
of State, the United States Agency for International
Development, or any other Federal department, agency,
or organization funded by this Act without prior
consultation by the head of such department, agency, or
organization with the appropriate congressional
committees: Provided, That such funds shall be subject
to the regular notification procedures of the
Committees on Appropriations: Provided further, That
any such notification submitted to such Committees
shall include a detailed justification for any proposed
action, including the information specified under
section 7073 of the joint explanatory statement
accompanying the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2019 (division F of Public Law 116-6): Provided
further, That congressional notifications submitted in
prior fiscal years pursuant to similar provisions of
law in prior Acts making appropriations for the
Department of State, foreign operations, and related
programs may be deemed to meet the notification
requirements of this section.
(2) Description of activities.--Pursuant to paragraph
(1), a reorganization, redesign, or other plan shall
include any action to--
(A) expand, eliminate, consolidate, or
downsize covered departments, agencies, or
organizations, including bureaus and offices
within or between such departments, agencies,
or organizations, including the transfer to
other agencies of the authorities and
responsibilities of such bureaus and offices;
(B) expand, eliminate, consolidate, or
downsize the United States official presence
overseas, including at bilateral, regional, and
multilateral diplomatic facilities and other
platforms; or
(C) expand or reduce the size of the
permanent Civil Service, Foreign Service,
eligible family member, and locally employed
staff workforce of the Department of State and
USAID from the levels specified in sections
7063(d) and 7064(i) of this Act.
(b) Additional Requirements and Limitations.--
(1) Bureau of population, refugees, and migration,
department of state.--None of the funds appropriated by
this Act, prior Acts making appropriations for the
Department of State, foreign operations, and related
programs, or any other Act may be used to downsize,
downgrade, consolidate, close, move, or relocate the
Bureau of Population, Refugees, and Migration,
Department of State, or any activities of such Bureau,
to another Federal agency.
(2) Administration of funds.--Funds made available by
this Act--
(A) under the heading ``Migration and Refugee
Assistance'' shall be administered by the
Assistant Secretary for Population, Refugees,
and Migration, Department of State, and this
responsibility shall not be delegated; and
(B) that are made available for the Office of
Global Women's Issues shall be administered by
the United States Ambassador-at-Large for
Global Women's Issues, Department of State, and
this responsibility shall not be delegated.
department of state management
Sec. 7063. (a) Financial Systems Improvement.--Funds
appropriated by this Act for the operations of the Department
of State under the headings ``Diplomatic Programs'' and
``Capital Investment Fund'' shall be made available to
implement the recommendations contained in the Foreign
Assistance Data Review Findings Report (FADR) and the Office of
Inspector General (OIG) report entitled ``Department Financial
Systems Are Insufficient to Track and Report on Foreign
Assistance Funds'': Provided, That such funds may not be
obligated for enhancements to, or expansions of, the Budget
System Modernization Financial System, Central Resource
Management System, Joint Financial Management System, or
Foreign Assistance Coordination and Tracking System until such
updated plan is submitted to the Committees on Appropriations:
Provided further, That such funds may not be obligated for new,
or expansion of existing, ad hoc electronic systems to track
commitments, obligations, or expenditures of funds unless the
Secretary of State, following consultation with the Chief
Information Officer of the Department of State, has reviewed
and certified that such new system or expansion is consistent
with the FADR and OIG recommendations: Provided further, That
not later than 45 days after enactment of this Act, the
Secretary of State shall submit to the Committees on
Appropriations an update to the plan required under section
7006 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2017 (division J of Public
Law 115-31) for implementing the FADR and OIG recommendations.
(b) Working Capital Fund.--Funds appropriated by this Act or
otherwise made available to the Department of State for
payments to the Working Capital Fund may only be used for the
service centers included in the Congressional Budget
Justification, Department of State, Foreign Operations, and
Related Programs, Fiscal Year 2021: Provided, That the amounts
for such service centers shall be the amounts included in such
budget justification, except as provided in section 7015(b) of
this Act: Provided further, That Federal agency components
shall be charged only for their direct usage of each Working
Capital Fund service: Provided further, That prior to
increasing the percentage charged to Department of State
bureaus and offices for procurement-related activities, the
Secretary of State shall include the proposed increase in the
Department of State budget justification or, at least 60 days
prior to the increase, provide the Committees on Appropriations
a justification for such increase, including a detailed
assessment of the cost and benefit of the services provided by
the procurement fee: Provided further, That Federal agency
components may only pay for Working Capital Fund services that
are consistent with the purpose and authorities of such
components: Provided further, That the Working Capital Fund
shall be paid in advance or reimbursed at rates which will
return the full cost of each service.
(c) Certification.--
(1) Compliance.--Not later than 45 days after the
initial obligation of funds appropriated under titles
III and IV of this Act that are made available to a
Department of State bureau or office with
responsibility for the management and oversight of such
funds, the Secretary of State shall certify and report
to the Committees on Appropriations, on an individual
bureau or office basis, that such bureau or office is
in compliance with Department and Federal financial and
grants management policies, procedures, and
regulations, as applicable.
(2) Considerations.--When making a certification
required by paragraph (1), the Secretary of State shall
consider the capacity of a bureau or office to--
(A) account for the obligated funds at the
country and program level, as appropriate;
(B) identify risks and develop mitigation and
monitoring plans;
(C) establish performance measures and
indicators;
(D) review activities and performance; and
(E) assess final results and reconcile
finances.
(3) Plan.--If the Secretary of State is unable to
make a certification required by paragraph (1), the
Secretary shall submit a plan and timeline detailing
the steps to be taken to bring such bureau or office
into compliance.
(d) Personnel Levels.--Funds made available by this Act are
made available to support the permanent Foreign Service and
Civil Service staff levels of the Department of State at not
less than the hiring targets established in the fiscal year
2020 operating plan.
(e) Information Technology Platform.--
(1) None of the funds appropriated in title I of this
Act under the heading ``Administration of Foreign
Affairs'' may be made available for a new major
information technology (IT) investment without the
concurrence of the Chief Information Officer,
Department of State.
(2) None of the funds appropriated in title I of this
Act under the heading ``Administration of Foreign
Affairs'' may be used by an agency to submit a project
proposal to the Technology Modernization Board for
funding from the Technology Modernization Fund unless,
not later than 15 days in advance of submitting the
project proposal to the Board, the head of the agency--
(A) notifies the Committees on Appropriations
of the proposed submission of the project
proposal; and
(B) submits to the Committees on
Appropriations a copy of the project proposal.
(3) None of the funds appropriated in title I of this
Act and prior Acts making appropriations for the
Department of State, foreign operations, and related
programs under the heading ``Administration of Foreign
Affairs'' may be used by an agency to carry out a
project that is approved by the Board unless the head
of the agency--
(A) submits to the Committees on
Appropriations a copy of the approved project
proposal, including the terms of reimbursement
of funding received for the project; and
(B) agrees to submit to the Committees on
Appropriations a copy of each report relating
to the project that the head of the agency
submits to the Board.
united states agency for international development management
Sec. 7064. (a) Authority.--Up to $110,000,000 of the funds
made available in title III of this Act pursuant to or to carry
out the provisions of part I of the Foreign Assistance Act of
1961, including funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'', may be
used by the United States Agency for International Development
to hire and employ individuals in the United States and
overseas on a limited appointment basis pursuant to the
authority of sections 308 and 309 of the Foreign Service Act of
1980 (22 U.S.C. 3948 and 3949).
(b) Restriction.--The authority to hire individuals contained
in subsection (a) shall expire on September 30, 2022.
(c) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority of
this section shall be the account to which the responsibilities
of such individual primarily relate: Provided, That funds made
available to carry out this section may be transferred to, and
merged with, funds appropriated by this Act in title II under
the heading ``Operating Expenses''.
(d) Foreign Service Limited Extensions.--Individuals hired
and employed by USAID, with funds made available in this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs, pursuant to the
authority of section 309 of the Foreign Service Act of 1980 (22
U.S.C. 3949), may be extended for a period of up to 4 years
notwithstanding the limitation set forth in such section.
(e) Disaster Surge Capacity.--Funds appropriated under title
III of this Act to carry out part I of the Foreign Assistance
Act of 1961, including funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'', may be
used, in addition to funds otherwise available for such
purposes, for the cost (including the support costs) of
individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to natural
disasters, or man-made disasters subject to the regular
notification procedures of the Committees on Appropriations.
(f) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961, and
title II of the Food for Peace Act (Public Law 83-480; 7 U.S.C.
1721 et seq.), may be used by USAID to employ up to 40 personal
services contractors in the United States, notwithstanding any
other provision of law, for the purpose of providing direct,
interim support for new or expanded overseas programs and
activities managed by the agency until permanent direct hire
personnel are hired and trained: Provided, That not more than
15 of such contractors shall be assigned to any bureau or
office: Provided further, That such funds appropriated to
carry out title II of the Food for Peace Act (Public Law 83-
480; 7 U.S.C. 1721 et seq.), may be made available only for
personal services contractors assigned to the Bureau for
Humanitarian Assistance.
(g) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, USAID may provide an exception to the fair opportunity
process for placing task orders under such contracts when the
order is placed with any category of small or small
disadvantaged business.
(h) Senior Foreign Service Limited Appointments.--Individuals
hired pursuant to the authority provided by section 7059(o) of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public Law
111-117) may be assigned to or support programs in Afghanistan
or Pakistan with funds made available in this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs.
(i) Personnel Levels.--Funds made available by this Act under
the heading ``Operating Expenses'' are made available to
support not less than 1,850 permanent Foreign Service Officers
and 1,600 permanent Civil Service staff.
stabilization and development in regions impacted by extremism and
conflict
Sec. 7065. (a) Prevention and Stabilization Fund.--
(1) Funds and transfer authority.--Of the funds
appropriated by this Act under the headings ``Economic
Support Fund'', ``International Narcotics Control and
Law Enforcement'', ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', ``Peacekeeping
Operations'', and ``Foreign Military Financing
Program'', not less than $100,000,000 shall be made
available for the purposes of the Prevention and
Stabilization Fund, as authorized by, and for the
purposes enumerated in, section 509(a) of the Global
Fragility Act of 2019 (title V of division J of Public
Law 116-94), of which $25,000,000 may be made available
for the Multi-Donor Global Fragility Fund authorized by
section 510(c) of such Act: Provided, That such funds
appropriated under such headings may be transferred to,
and merged with, funds appropriated under such
headings: Provided further, That such transfer
authority is in addition to any other transfer
authority provided by this Act or any other Act, and is
subject to the regular notification procedures of the
Committees on Appropriations.
(2) Transitional justice.--Of the funds appropriated
by this Act under the headings ``Economic Support
Fund'' and ``International Narcotics Control and Law
Enforcement'' that are made available for the
Prevention and Stabilization Fund, not less than
$10,000,000 shall be made available for programs to
promote accountability for genocide, crimes against
humanity, and war crimes, including in Iraq and Syria,
which shall be in addition to any other funds made
available by this Act for such purposes: Provided,
That such programs shall include components to develop
local investigative and judicial skills, and to collect
and preserve evidence and maintain the chain of custody
of evidence, including for use in prosecutions, and may
include the establishment of, and assistance for,
transitional justice mechanisms: Provided further,
That such funds shall be administered by the Special
Coordinator for the Office of Global Criminal Justice,
Department of State: Provided further, That funds made
available by this paragraph shall be made available on
an open and competitive basis.
(b) Global Fragility Act Implementation.--Funds appropriated
by this Act shall be made available to implement the Global
Fragility Act of 2019 (title V of division J of Public Law 116-
94): Provided, That not later than 180 days after enactment of
this Act, the Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, shall submit a spend plan to the Committees on
Appropriations detailing the use of funds made available by
this Act for such purposes.
(c) Global Community Engagement and Resilience Fund.--Funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs under the heading ``Economic Support Fund'' may be
made available to the Global Community Engagement and
Resilience Fund (GCERF), including as a contribution:
Provided, That any such funds made available for the GCERF
shall be made available on a cost-matching basis from sources
other than the United States Government, to the maximum extent
practicable, and shall be subject to the regular notification
procedures of the Committees on Appropriations.
(d) Global Concessional Financing Facility.--Of the funds
appropriated by this Act under the heading ``Economic Support
Fund'', $25,000,000 shall be made available for the Global
Concessional Financing Facility of the World Bank to provide
financing to support refugees and host communities: Provided,
That such funds shall be in addition to funds allocated for
bilateral assistance in the report required by section 653(a)
of the Foreign Assistance Act of 1961, and may only be made
available subject to prior to consultation with the Committees
on Appropriations: Provided further, That such funds may be
transferred to the Department of the Treasury.
disability programs
Sec. 7066. (a) Assistance.--Funds appropriated by this Act
under the heading ``Development Assistance'' shall be made
available for programs and activities administered by the
United States Agency for International Development to address
the needs and protect and promote the rights of people with
disabilities in developing countries, including initiatives
that focus on independent living, economic self-sufficiency,
advocacy, education, employment, transportation, sports,
political and electoral participation, and integration of
individuals with disabilities, including for the cost of
translation.
(b) Management, Oversight, and Technical Support.--Of the
funds made available pursuant to this section, 5 percent may be
used by USAID for management, oversight, and technical support.
debt-for-development
Sec. 7067. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and
debt-for-nature exchanges, a nongovernmental organization which
is a grantee or contractor of the United States Agency for
International Development may place in interest bearing
accounts local currencies which accrue to that organization as
a result of economic assistance provided under title III of
this Act and, subject to the regular notification procedures of
the Committees on Appropriations, any interest earned on such
investment shall be used for the purpose for which the
assistance was provided to that organization.
enterprise funds
Sec. 7068. (a) Notification.--None of the funds made
available under titles III through VI of this Act may be made
available for Enterprise Funds unless the appropriate
congressional committees are notified at least 15 days in
advance.
(b) Distribution of Assets Plan.--Prior to the distribution
of any assets resulting from any liquidation, dissolution, or
winding up of an Enterprise Fund, in whole or in part, the
President shall submit to the appropriate congressional
committees a plan for the distribution of the assets of the
Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to
and operation of any private equity fund or other parallel
investment fund under an existing Enterprise Fund, the
President shall submit such transition or operating plan to the
appropriate congressional committees.
extension of consular fees and related authorities
Sec. 7069. (a) Section 1(b)(1) of the Passport Act of June 4,
1920 (22 U.S.C. 214(b)(1)) shall be applied through fiscal year
2021 by substituting ``the costs of providing consular
services'' for ``such costs''.
(b) Section 21009 of the Emergency Appropriations for
Coronavirus Health Response and Agency Operations (division B
of Public Law 116-136; 134 Stat. 592) is amended by striking
``fiscal year 2020'' and inserting ``fiscal years 2020 and
2021''.
(c) Discretionary amounts made available to the Department of
State under the heading ``Administration of Foreign Affairs''
of this Act, and discretionary unobligated balances under such
heading from prior Acts making appropriations for the
Department of State, foreign operations, and related programs,
may be transferred to the Consular and Border Security Programs
account if the Secretary of State determines and reports to the
Committees on Appropriations that to do so is necessary to
sustain consular operations, following consultation with such
Committees: Provided, That such transfer authority is in
addition to any transfer authority otherwise available in this
Act and under any other provision of law: Provided further,
That no amounts may be transferred from amounts designated for
Overseas Contingency Operations/Global War on Terrorism or as
emergency requirements pursuant to a concurrent resolution on
the budget or section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
(d) In addition to the uses permitted pursuant to section
286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
1356(v)(2)(A)), for fiscal year 2021, the Secretary of State
may also use fees deposited into the Fraud Prevention and
Detection Account for the costs of providing consular services.
(e) Amounts provided pursuant to subsections (a), (b), and
(d) are designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
protective services
Sec. 7070. Of the funds appropriated under the heading
``Diplomatic Programs'' by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs, except for funds designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985, up to $15,000,000 may be made
available to provide protective services to former or retired
senior Department of State officials or employees that the
Secretary of State, in consultation with the Director of
National Intelligence, determines and reports to congressional
leadership and the appropriate congressional committees, face a
serious and credible threat from a foreign power or the agent
of a foreign power arising from duties performed by such
official or employee while employed by the Department:
Provided, That such determination shall include a justification
for the provision of protective services by the Department,
including the identification of the specific nature of the
threat and the anticipated duration of such services provided,
which may be submitted in classified form, if necessary:
Provided further, That such protective services shall be
consistent with other such services performed by the Bureau of
Diplomatic Security under 22 U.S.C. 2709 for Department
officials, and shall be made available for an initial period of
not more than 180 days, which may be extended for additional
consecutive periods of 60 days upon a subsequent determination
by the Secretary that the specific threat persists: Provided
further, That not later than 45 days after enactment of this
Act and quarterly thereafter, the Secretary shall submit a
report to congressional leadership and the appropriate
congressional committees detailing the number of individuals
receiving protective services and the amount of funds expended
for such services on a case-by-case basis, which may be
submitted in classified form, if necessary: Provided further,
That for purposes of this section a former or retired senior
Department of State official or employee means a person that
served in the Department at the Assistant Secretary, Special
Representative, or Senior Advisor level, or in a comparable or
more senior position, and has separated from service at the
Department: Provided further, That funds made available
pursuant to this section are in addition to amounts otherwise
made available for such purposes: Provided further, That
amounts repurposed pursuant to this section that were
previously designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985 are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of such Act.
rescissions
(including rescissions of funds)
Sec. 7071. (a) Overseas Contingency Operations Rescissions.--
(1) Diplomatic and consular programs.--Of the
unobligated balances from amounts made available under
the heading ``Diplomatic and Consular Programs'' in
title II of the Security Assistance Appropriations Act,
2017 (division B of Public Law 114-254), $360,123,000
are rescinded.
(2) Peacekeeping operations.--Of the unobligated
balances from amounts made available under the heading
``Peacekeeping Operations'' from prior Acts making
appropriations for the Department of State, foreign
operations, and related programs and designated by the
Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act
of 1985, $40,000,000 are rescinded.
(3) Foreign military financing program.--Of the
unobligated balances from amounts made available under
the heading ``Foreign Military Financing Program'' from
prior Acts making appropriations for the Department of
State, foreign operations, and related programs and
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985, $25,000,000 are rescinded.
(4) Designation.--For the purposes of this
subsection, funds that were previously designated by
the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control
Act of 1985 are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant
to section 251(b)(2)(A)(ii) of such Act.
(b) Additional Rescissions.--
(1) Economic support fund.--Of the unobligated
balances from amounts made available under the heading
``Economic Support Fund'' from prior Acts making
appropriations for the Department of State, foreign
operations, and related programs, $75,000,000 are
rescinded.
(2) Peace corps.--Of the unobligated balances from
amounts made available under the heading ``Peace
Corps'' from prior Acts making appropriations for the
Department of State, foreign operations, and related
programs, $30,000,000 are rescinded.
(3) International narcotics control and law
enforcement.--Of the unobligated balances from amounts
made available under the heading ``International
Narcotics Control and Law Enforcement'' from prior Acts
making appropriations for the Department of State,
foreign operations, and related programs, $50,411,000
are rescinded.
(4) Limitation.--For the purposes of this subsection,
no amounts may be rescinded from amounts that were
designated by Congress as an emergency requirement or
for Overseas Contingency Operations/Global War on
Terrorism pursuant to a concurrent resolution on the
budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
TITLE VIII
NITA M. LOWEY MIDDLE EAST PARTNERSHIP FOR PEACE ACT OF 2020
short title
Sec. 8001. This title may be cited as the ``Nita M. Lowey
Middle East Partnership for Peace Act of 2020''.
findings
Sec. 8002. Congress finds the following:
(1) Economic development in conflict settings has
been shown to support stabilization by empowering
entrepreneurs, growing the middle class, and mitigating
unemployment.
(2) In 2018, unemployment in the Palestinian
territories was 32.4 percent. Gross Domestic Product
(GDP) growth in the Palestinian territories declined
from 2017 to 2019, and it is projected to further
decline in 2020.
(3) According to the World Bank Ad Hoc Liaison
Committee's April 2019 Economic Monitoring Report, ``to
achieve sustainable economic growth, in the Palestinian
territories, growth and job creation going forward will
need to be private sector driven''.
(4) According to the 2018 Joint Strategic Plan of the
Department of State and the United States Agency for
International Development, ``assistance can help
prevent new recruitment to terrorist organizations,
reduce levels of violence, promote legitimate
governance structures that strengthen inclusion, and
reduce policies that marginalize communities''.
(5) Although economic development is an important
tool for stabilizing conflict-prone settings and
establishing connections between communities, economic
development by itself will not lead to lasting peace.
People-to-people peace-building programs further
advance reconciliation efforts by promoting greater
understanding, mutual trust, and cooperation between
communities.
(6) While the United States and its international
partners continue to support diplomatic and political
negotiations between the representatives of the parties
to the Israeli-Palestinian conflict, such efforts
require broad popular support among the people on the
ground to succeed.
(7) Achieving sustainable, high-level agreements for
lasting peace in the Middle East must come through, and
with the support of, the people who live there, and the
United States and its international partners can help
the people of the region build popular support for
sustainable agreements for lasting peace.
sense of congress
Sec. 8003. It is the sense of Congress that--
(1) building a viable Palestinian economy is central
to the effort to preserve the possibility of a
negotiated settlement leading to a sustainable two-
state solution with the democratic, Jewish state of
Israel and a demilitarized, democratic Palestinian
state living side-by-side in peace, security, and
mutual recognition;
(2) United States and international support for
grassroots, people-to-people efforts aimed at fostering
tolerance, and building support for such solution, can
help counter extremist propaganda and the growing issue
of incitement;
(3) strengthening engagement between Palestinians and
Israelis, including through people-to-people peace-
building programs can increase the bonds of friendship
and understanding;
(4) investing in the development of the Palestinian
economy and in joint economic ventures can advance
multiple sectors to the benefit of local, regional, and
global parties; and
(5) Congress encourages cooperation between
Palestinian, American, and Israeli business sectors in
order to benefit the Palestinian, American, and Israeli
peoples and economies.
people-to-people partnership for peace fund
Sec. 8004. Chapter 4 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2346 et seq.) is amended by adding at
the end the following:
``SEC. 535 PEOPLE-TO-PEOPLE PARTNERSHIP FOR PEACE FUND.
``(a) Establishment.--Beginning on the date that is one year
after the date of enactment of this section, the Administrator
of the United States Agency for International Development is
authorized to establish a program to provide funding for
projects to help build the foundation for peaceful co-existence
between Israelis and Palestinians and for a sustainable two-
state solution. The program established under this subsection
shall be known as the `People-to-People Partnership for Peace
Fund' (referred to in this section as the `Fund').
``(b) Eligibility for Support.--In providing funding for
projects through the Fund, the Administrator may provide
support for qualified organizations, prioritizing those
organizations that seek to build better cooperation between
Israelis and Palestinians, including Palestinian organizations,
Israeli organizations, and international organizations that
bring Israelis and Palestinians together.
``(c) Additional Eligibility for Support.--In providing
funding for projects through the Fund, the Administrator may
additionally provide support to qualified organizations that
further shared community building, peaceful co-existence,
dialogue, and reconciliation between Arab and Jewish citizens
of Israel.
``(d) Contributions.--The Administrator--
``(1) is encouraged to work with foreign governments
and international organizations to leverage the impact
of United States resources and achieve the objectives
of this section; and
``(2) is authorized to accept contributions for the
purposes of the Fund, consistent with subsection (d) of
section 635.
``(e) Advisory Board.--
``(1) Establishment.--The Administrator shall
establish an advisory board to make recommendations to
the Administrator regarding the types of projects that
should be considered for funding through the Fund.
``(2) Membership.--
``(A) In general.--Subject to subparagraph
(B), the advisory board shall be composed of 13
members, none of whom may be Members of
Congress, who shall be appointed for renewable
periods of 3 years, as follows:
``(i) One member to serve as chair,
appointed by the Administrator, in
consultation with the Secretary of
State.
``(ii) One member appointed by the
chair, and one member appointed by the
ranking member, of the Committee on
Foreign Relations of the Senate.
``(iii) One member appointed by the
chair, and one member appointed by the
ranking member, of the Committee on
Foreign Affairs of the House of
Representatives.
``(iv) One member appointed by the
chair, and one member appointed by the
ranking member, of the Committee on
Appropriations of the Senate.
``(v) One member appointed by the
chair, and one member appointed by the
ranking member, of the Committee on
Appropriations of the House of
Representatives.
``(vi) One member appointed by the
majority leader, and one member
appointed by the minority leader, of
the Senate.
``(vii) One member appointed by the
Speaker, and one member appointed by
the minority leader, of the House of
Representatives.
``(B) International participation.--The
Administrator may appoint up to two additional
members to the advisory board who are
representatives of foreign governments or
international organizations for renewable
periods of 3 years.
``(C) Qualifications.--Members of the
advisory board shall have demonstrated regional
expertise and experience and expertise in
conflict mitigation and people-to-people
programs, and shall not receive compensation on
account of their service on the advisory board.
``(f) USAID Mission Recommendations.--The Administrator shall
consider the input and recommendations from missions of the
United States Agency for International Development in the
region and mission directors regarding projects that should be
considered for funding through the Fund.
``(g) Coordination.--The Administrator shall coordinate with
the Secretary of State in carrying out the provisions of this
section.''.
joint investment for peace initiative
Sec. 8005. (a) Establishment.--Beginning on the date that is
180 days after the date of the enactment of this Act, the Chief
Executive Officer of the United States International
Development Finance Corporation (referred to in this section as
the ``Chief Executive Officer'' and the ``Corporation'',
respectively) is authorized to establish a program to provide
investments in, and support to, entities that carry out
projects that contribute to the development of the Palestinian
private sector economy in the West Bank and Gaza. The program
established under this subsection shall be known as the ``Joint
Investment for Peace Initiative'' (referred to in this section
as the ``Initiative'') and shall be subject to all existing
terms, conditions, restrictions, oversight requirements, and
applicable provisions of law, including the Better Utilization
of Investments Leading to Development Act of 2018 (22 U.S.C.
9611 et seq), including through strict adherence to the less-
developed country focus under section 1412(c) of such Act.
(b) Participation Requirement.--In carrying out the
Initiative, the Chief Executive Officer shall ensure
participation by small and medium-sized enterprises owned by
Palestinians, which may include the technology sector, the
agriculture sector, and other high value-added or emerging
industries.
(c) Priority.--In carrying out the Initiative, the Chief
Executive Officer shall prioritize support to projects that
increase economic cooperation between Israelis and
Palestinians.
(d) Use of Existing Authorities.--In carrying out the
Initiative, the Chief Executive Officer shall utilize the
authorities under section 1421 of the Better Utilization of
Investments Leading to Development Act of 2018 (22 U.S.C.
9621), including to--
(1) select a manager of the Initiative;
(2) oversee and direct the operation of the
Initiative consistent with such Act and other
provisions of law;
(3) provide the Initiative with loans, guaranties,
equity, and insurance, as appropriate, to enable the
Initiative to attract private investment;
(4) support the private sector in entering into joint
ventures between Palestinian and Israeli entities; and
(5) carry out the purposes of the Initiative
consistent with the provisions of this section and
other applicable provisions of law.
(e) Annual Report.--
(1) In general.--Not later than December 31, 2021,
and each December 31 thereafter until December 31,
2031, the Chief Executive Officer shall submit to the
appropriate congressional committees a report that
describes the following:
(A) The extent to which the Initiative has
contributed to promoting and supporting
Palestinian economic development.
(B) The extent to which the Initiative has
contributed to greater integration of the
Palestinian economy into the international
rules-based business system.
(C) The extent to which projects that
increase economic cooperation between
Palestinians and Israelis and between
Palestinians and Americans have been
prioritized, including through support to the
private sector to enter into joint ventures.
(D) Information on the following:
(i) Investments received and provided
through the Initiative.
(ii) The mechanisms established for
transparency and accountability of
investments provided through the
Initiative.
(E) The extent to which entities supported by
the Initiative have impacted the efficacy of
people-to-people programs.
(F) To the extent practicable, an assessment
of the sustainability of commercial endeavors
that receive support from the Initiative.
(G) A description of the process for vetting
and oversight of entities eligible for support
from the Initiative to ensure compliance with
the requirements of section 8006(b) of this
Act.
(2) Form.--The reports required under this subsection
shall be submitted in unclassified form, without the
designation ``For Official Use Only'' or any related or
successor designation, but may be accompanied by a
classified annex.
(f) Termination.--
(1) In general.--The Initiative shall terminate at
the end of the fiscal year that is 10 years after the
date on which the Chief Executive Officer makes the
first investment under the Initiative.
(2) Exception.--The Chief Executive Officer is
authorized to continue to manage investments made under
the Initiative on and after the date specified in
paragraph (1).
(g) Coordination.--The Chief Executive Officer shall
coordinate with the Secretary of State and the Administrator of
the United States Agency for International Development in
carrying out the provisions of this section.
limitations, vetting, coordination, and oversight
Sec. 8006. (a) Limitations.--None of the funds made available
to carry out this title, or any amendment made by this title,
may be used to provide--
(1) financial assistance to the national government
of any foreign country;
(2) assistance for--
(A) any individual or group the Secretary of
State determines to be involved in, or
advocating, terrorist activity; or
(B) any individual who is a member of a
foreign terrorist organization (as designated
pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189)); or
(3) assistance for the Palestinian Authority or the
Palestine Liberation Organization.
(b) Applicable Regulations.--Assistance made available under
this title, and any amendment made by this title, shall adhere
to the mission directives and vetting practices for assistance
for the West Bank and Gaza, as set forth by the United States
Agency for International Development.
(c) Coordination.--
(1) The Chief Executive Officer of the United States
International Development Finance Corporation, acting
through the Chief Development Officer of such
Corporation, shall coordinate with the Administrator of
the United States Agency for International Development
and the Secretary of State to ensure that all
expenditures from the Joint Investment for Peace
Initiative comply with this section.
(2) To the extent practicable, the Administrator of
the United States Agency for International Development
and the Chief Executive Officer of the United States
International Development Finance Corporation should
coordinate and share information in advance of
providing resources through the People-to-People
Partnership for Peace Fund and the Joint Investment for
Peace Initiative.
(d) Report.--
(1) In general.--Not later than 90 days after the end
of the first fiscal year in which both the People-to-
People Partnership for Peace Fund and the Joint
Investment for Peace Initiative are in effect, and
annually thereafter, the Administrator of the United
States Agency for International Development and the
Chief Executive Officer of the United States
International Development Finance Corporation shall, in
coordination with the Secretary of State, jointly
submit to the appropriate congressional committees a
report in writing that describes--
(A)(i) lessons learned and best practices
developed from funding for projects under the
People-to-People Partnership for Peace Fund
during the prior fiscal year; and
(ii) the extent to which such projects have
contributed to the purposes of the People-to-
People Partnership for Peace Fund;
(B)(i) lessons learned and best practices
developed from investments provided under the
Joint Investment for Peace Initiative during
the prior fiscal year; and
(ii) the extent to which such investments
have contributed to the purposes of the Joint
Investment for Peace Initiative; and
(C) how the United States International
Development Finance Corporation and the United
States Agency for International Development
coordinate and share information with respect
to the People-to-People Partnership for Peace
Fund and the Joint Investment for Peace
Initiative.
(2) Consultation.--The Administrator of the United
States Agency for International Development, in
consultation with the Secretary of State, shall consult
with the advisory board established by subsection (e)
of section 535 of the Foreign Assistance Act of 1961
(as added by section 8004 of this Act) to inform the
reports required by paragraph (1).
appropriate congressional committees defined
Sec. 8007. In this title, the term ``appropriate
congressional committees'' has the meaning given that term in
section 1402 of the Better Utilization of Investments Leading
to Development Act of 2018 (22 U.S.C. 9601).
authorization of appropriations
Sec. 8008. (a) In General.--There is authorized to be
appropriated to carry out this title, and the amendments made
by this title, $50,000,000 for each of the first 5 fiscal years
beginning after the date of the enactment of this Act.
(b) Consultation Requirement.--Not later than 90 days after
enactment of this Act, and prior to the obligation of funds
made available to implement this title, the Administrator of
the United States Agency for International Development and the
Chief Executive Officer of the United States International
Development Finance Corporation, in coordination with the
Secretary of State, shall consult with the Committees on
Appropriations on the proposed uses of funds.
(c) Administrative Expenses.--Not more than 5 percent of
amounts authorized to be appropriated by subsection (a) for a
fiscal year should be made available for administrative
expenses to carry out section 535 of the Foreign Assistance Act
of 1961 (as added by section 8004 of this Act).
(d) Availability.--Amounts authorized to be appropriated by
subsection (a) for a fiscal year are authorized to remain
available for such fiscal year and the subsequent 4 fiscal
years.
TITLE IX
EMERGENCY FUNDING AND OTHER MATTERS
DEPARTMENT OF STATE
Administration of Foreign Affairs
consular and border security programs
For an additional amount for ``Consular and Border Security
Programs'', $300,000,000, to remain available until expended,
to prevent, prepare for, and respond to coronavirus,
domestically or internationally, which shall be for offsetting
losses resulting from the coronavirus pandemic of fees and
surcharges collected and deposited into the account pursuant to
section 7081 of division J of Public Law 115-31: Provided,
That funds made available under this heading in this Act shall
be in addition to any other funds made available for this
purpose: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
sudan claims
For necessary expenses to carry out section 7 of the Sudan
Claims Resolution Act, notwithstanding any other provision of
law, $150,000,000, to remain available until expended:
Provided, That any unexpended balances remaining following the
distributions described in section 7(b)(1) of the Sudan Claims
Resolution Act that are determined by the Secretary of State,
not later than September 30, 2030, and at the close of each
fiscal year thereafter, to be excess to the needs of such
distributions, shall be returned to the general fund of the
Treasury: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health programs
For an additional amount for ``Global Health Programs'',
$4,000,000,000, to remain available until September 30, 2022,
to prevent, prepare for, and respond to coronavirus, including
for vaccine procurement and delivery: Provided, That such
funds shall be administered by the Administrator of the United
States Agency for International Development and shall be made
available as a contribution to The GAVI Alliance: Provided
further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
economic support fund
For an additional amount for ``Economic Support Fund'',
$700,000,000, to remain available until September 30, 2022,
which shall be for assistance for Sudan, and which may be made
available as contributions: Provided, That up to $100,000,000
of such funds may be transferred to, and merged with, funds
made available under the headings ``Global Health Programs''
and ``Transition Initiatives'' in Acts making appropriations
for the Department of State, foreign operations, and related
programs: Provided further, That upon a determination by the
Secretary of State that funds transferred pursuant to the
preceding proviso are not necessary for the purposes provided,
such amounts may be transferred back to such accounts:
Provided further, That funds appropriated under this heading in
this title may be made available notwithstanding any other
provision of law for contributions authorized under this
heading, agriculture and economic growth programs, and economic
assistance for marginalized areas in Sudan and Abyei: Provided
further, That prior to the initial obligation of funds
appropriated under this heading in this title, the Secretary of
State shall consult with the Committees on Appropriations:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Department of the Treasury
debt restructuring
For an additional amount for ``Debt Restructuring'',
$120,000,000, to remain available until expended, which may be
used, notwithstanding any other provision of law, for payment
by the Secretary of the Treasury to the International Monetary
Fund for Heavily Indebted Poor Countries debt relief for Sudan:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Each amount appropriated or made available by
this title is in addition to amounts otherwise appropriated for
fiscal year 2021.
Sec. 9002. Notwithstanding section 7034(q)(7) of this
division of this Act, the additional amounts appropriated by
this title to appropriations accounts shall be available under
the authorities and conditions applicable to such
appropriations accounts for funds appropriated in fiscal year
2021, unless otherwise directed by this title.
Sec. 9003. Notwithstanding the limitations in sections
609(i) and 609(j) of the Millennium Challenge Act of 2003 (2211
U.S.C. 7708(j), 7715), the Millennium Challenge Corporation
may, subject to the availability of funds, extend any compact
in effect as of January 29, 2020, for up to one additional
year, to account for delays related to coronavirus: Provided,
That the Corporation shall notify the appropriate congressional
committees prior to providing any such extension.
This division may be cited as the ``Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2021''.
[Clerk's note.--Reproduced below is the material relating
to division K contained in the Explanatory Statement regarding
H.R. 133, the Consolidated Appropriations Act, 2021.\1\]
---------------------------------------------------------------------------
\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
December 21, 2020 by Mrs. Lowey of New York, Chairwoman of the House
Committee on Appropriations. The Statement appears on page H8779 of
Book IV.
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DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2021
The explanatory statement accompanying this division is
approved and indicates congressional intent. In implementing
this agreement, Federal departments, agencies, commissions, and
other entities are directed to comply with the directives,
reporting requirements, and instructions contained in H. Rept.
116-444 (House report) accompanying H.R. 7608 and incorporated
by reference by section 3(a) in the matter preceding division A
of H.R. 7608 (House bill) as though stated in this explanatory
statement, unless specifically directed to the contrary.
This explanatory statement, while repeating some House
report language for emphasis or clarification, does not negate
language in such report unless expressly provided herein.
Language expressing an opinion or making an observation in the
House report represents the view of the House committee unless
specifically endorsed in this explanatory statement.
Reports required to be submitted pursuant to the Act,
including reports required by this explanatory statement and
the House report, may not be consolidated to include responses
to multiple requirements in a single report, except following
consultation with the Committees on Appropriations.
Similar to prior fiscal years, a portion of funding
appropriated by the Act is designated as Overseas Contingency
Operations/Global War on Terrorism (OCO/GWOT) pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985
(BBEDCA). The Act does not contain or establish a regional
limitation on the use of OCO/GWOT funding.
For purposes of this explanatory statement, the term ``the
Act'' means the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2021, and the term ``prior
Acts'' means prior Acts making appropriations for the
Department of State, foreign operations, and related programs.
In addition, ``division G of Public Law 116-94'' means the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2020; ``division F of Public Law 116-6''
means the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2019; ``division K of Public Law
115-141'' means the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2018; ``division J of
Public Law 115-31'' means the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2017; and
``division K of Public Law 113-76'' means the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2014.
For purposes of the Act and this explanatory statement, the
term ``subject to the regular notification procedures of the
Committees on Appropriations'' means such Committees are
notified not less than 15 days prior to the obligation of funds
or other action that is the subject of the notification
requirement, regardless of what may be contained in an agency's
congressional budget justification (CBJ) or in the operating
and spend plans required by section 7061 of the Act. Operating
plans, spend plans, and CBJs do not suffice as justification
for purposes of satisfying such notification requirement.
Federal agencies funded by the Act shall notify the
Committees on Appropriations of any reprogramming, as required
by section 7015 of the Act, at the most detailed level of the
CBJ, the Act, or this explanatory statement.
Congressional notifications submitted by the heads of the
Federal agencies funded in the Act for funds that are being
reallocated prior to initial obligation, reprogrammed, or
reobligated after deobligation, shall, to the maximum extent
practicable, contain detailed information about the sources of
the funds and why such funds are no longer needed or intended
to be used as previously justified.
Section 7019 of the Act requires that amounts designated in
the respective tables included in this explanatory statement
for funds appropriated in titles III through V, including
tables in title VII, shall be made available at not less than
such designated amounts, unless otherwise provided for in the
Act, and shall be the basis of the report required by section
653(a) of the Foreign Assistance Act (FAA) of 1961 (653(a)
report), where applicable. In lieu of the tables and
allocations of funding contained in the House report, the
tables and allocations contained in this explanatory statement
shall guide departments, agencies, commissions, and other
entities when allocating funds. The Act provides that the
amounts designated in the tables shall be made available
notwithstanding the date of the transmission of the 653(a)
report.
Proposed deviations from tables in titles I and II in this
explanatory statement are subject to the regular notification
procedures of the Committees on Appropriations, unless an
exception or deviation authority is specifically provided in
the Act or this explanatory statement.
The Secretary of State and the Administrator of the United
States Agency for International Development (USAID) shall
continue to provide the Committees on Appropriations electronic
copies of all reports, notifications, spend plans, and any
other documents required by the Act, prior Acts, this and prior
explanatory statements and statements of managers, the House
report, and prior reports.
For purposes of the Act and this explanatory statement, the
term ``prior consultation'' means a pre-decisional engagement
between a relevant Federal agency and the Committees on
Appropriations during which such Committees are given a
meaningful opportunity to provide facts and opinions, in
advance of any public announcement, to inform: (1) the use of
funds; (2) the development, content, or conduct of a program or
activity; or (3) a decision to be taken. Additionally, section
7020 of the Act includes specific requirements regarding multi-
year pledges.
The Secretary of State and USAID Administrator, as
appropriate, shall inform the Committees on Appropriations on
the use of notwithstanding authority, including detailed
information on the provisions of law being notwithstood and a
justification for the use of such authority, in the submission
of any congressional notification required by the Act. If it
becomes necessary to rely on notwithstanding authority
subsequent to a notification of assistance, the Committees on
Appropriations shall be informed at the earliest opportunity
and to the extent practicable. Notwithstanding authority
included in any provision of the Act shall not be construed to
exclude the requirements of such provision.
The Administrative Procedure Act of 1946 (5 U.S.C. 551 et
seq.) has, at times, been loosely interpreted by the Department
of State when using an exception to the publishing of a
proposed rulemaking related to a function of foreign affairs.
The exception should only be used if public rulemaking
provisions would clearly provoke definitive undesirable
international consequences.
Any Federal agency receiving funds made available by the
Act shall post on its publicly available website any report
required by the Act to be submitted to the appropriate
congressional committees, upon a determination by the head of
the agency that to do so is in the national interest. This
directive shall not apply if: (1) the public posting of the
report would compromise national security, including the
conduct of diplomacy; (2) the report contains proprietary,
privileged, or sensitive information; or (3) the agency is
already directed to publicly post such report by another
provision of law or regulation.
The head of an agency posting such report shall, unless
directed otherwise by the Act or any other provision of law or
regulation, do so only after such report has been made
available to the Committees on Appropriations for not less than
30 days. Any report required to be submitted to such Committees
shall include information from the submitting agency on whether
such report will be publicly posted.
For purposes of the Act and this explanatory statement, the
term ``stabilization assistance'' has the same meaning as
defined by the Stabilization Assistance Review in A Framework
for Maximizing the Effectiveness of United States Government
Efforts to Stabilize Conflict-Affected Areas, 2018.
The Secretary of State shall update the report required
under the Monitoring and Evaluation heading in Senate Report
114-90 and submit such report to the Committees on
Appropriations in the manner described.
Consistent with prior fiscal years, none of the funds made
available by the Act may be used to send or otherwise pay for
the attendance of more than 50 employees of Federal agencies
who are stationed in the United States at any single
international conference occurring outside the United States,
unless the Secretary of State reports to the appropriate
congressional committees at least 5 days in advance that such
attendance is important to the national interest. For purposes
of this restriction, the term ``international conference''
means a conference attended by representatives of the United
States Government and of foreign governments, international
organizations, or nongovernmental organizations (NGOs).
Federal agencies funded by the Act shall not provide
bonuses to government contractors who fail to complete their
contract in a satisfactory manner, including as a result of
avoidable scheduling delays or cost overruns.
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
The agreement includes $12,339,887,000 for Administration
of Foreign Affairs, of which $3,105,309,000 is designated for
OCO/GWOT pursuant to BBEDCA. The agreement includes a total of
$6,071,348,000 for embassy security, as contained in the table
below:
EMBASSY SECURITY
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Worldwide Security Protection.............................. 4,120,899
Embassy Security, Construction, and Maintenance............ 1,950,449
------------
Total.................................................... 6,071,348
------------------------------------------------------------------------
DIPLOMATIC PROGRAMS
The agreement includes $9,170,013,000 for Diplomatic
Programs, of which $2,226,122,000 is designated for OCO/GWOT
pursuant to BBEDCA.
Within the total provided under this heading, up to
$4,120,899,000 is for Worldwide Security Protection and may
remain available until expended; and $5,049,114,000 is for
operations, of which $757,367,000 may remain available until
September 30, 2022.
Funds appropriated by the Act for activities, bureaus, and
offices under this heading are allocated according to the
following table:
DIPLOMATIC PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Category Authority
------------------------------------------------------------------------
Human Resources......................................... 2,990,820
Worldwide Security Protection......................... [534,782]
Overseas Programs....................................... 1,808,415
Diplomatic Policy and Support........................... 763,428
Security Programs....................................... 3,607,350
Worldwide Security Protection......................... [3,586,117]
---------------
Total............................................... 9,170,013
------------------------------------------------------------------------
Bureau/Office
(Includes salary and bureau-managed funds)
------------------------------------------------------------------------
------------------------------------------------------------------------
Bureau of Administration
Freedom of Information Act............................ [33,960]
Cultural Antiquities Task Force......................... 1,000
Bureau of Democracy, Human Rights, and Labor............ 47,300
Human Rights Vetting.................................. [11,000]
Atrocities Prevention Training........................ [500]
Management and Oversight Programs..................... [5,000]
Special Advisor for International Disability Rights... [750]
Special Envoy for the Human Rights of LGBTI Persons... [250]
Bureau of European and Eurasian Affairs
Office of the Special Envoy for Holocaust Issues...... [750]
Bureau of Economic and Business Affairs
Office of Terrorism Financing and Economic Sanctions [6,100]
Policy...............................................
Bureau of Oceans and International Environmental and 41,859
Scientific Affairs.....................................
Office of Oceans and Polar Affairs.................... [5,121]
of which, Special Representative for the Arctic Region [438]
Bureau of Political-Military Affairs
Office of Weapons Removal and Abatement............... [3,609]
Office of International Religious Freedom............... 8,750
Religious freedom curriculum development.............. [600]
Office of the Legal Advisor
Document Review Unit.................................. [2,889]
Office to Monitor and Combat Trafficking in Persons..... 16,000
Office of the Secretary
Office of Global Women's Issues....................... [10,000]
Office of the Special Presidential Envoy for Hostage [1,250]
Affairs..............................................
Special Coordinator for Tibetan Issues................ [1,000]
Office to Monitor and Combat Anti-Semitism............ [1,000]
------------------------------------------------------------------------
Funds allocated for offices and programs under the bureaus
listed in the table under this heading that exceed the fiscal
year 2021 congressional budget justification (CBJ) levels for
such offices and programs are in addition to funds otherwise
made available for such bureaus.
Prior to submitting the operating plan required by section
7061(a) of the Act, the Secretary of State shall consult with
the Committees on Appropriations on staffing levels and any
major changes to programs from the prior fiscal year. The
Secretary of State shall include in the operating plan a
description of any funds transferred to other Federal agencies
in support of Afghanistan operations, including projected
transfer amounts and the number of staff supported by each
agency, and diplomatic operating levels for Afghanistan,
Pakistan, and Iraq under this heading and Embassy Security,
Construction, and Maintenance.
Bureau of Democracy, Human Rights, and Labor, Department of
State.--Not later than 90 days after enactment of the Act, the
Secretary of State shall submit a staffing plan to the
Committees on Appropriations that specifies the hiring targets
needed to appropriately manage and oversee the Bureau of
Democracy, Human Rights, and Labor (DRL) programs, and the
steps the Department is planning to take to meet these
requirements by the end of fiscal year 2021.
Child Abduction and Access.--The agreement endorses
language in the House report under this heading regarding the
use of the Sean and David Goldman International Child Abduction
Prevention and Return Act of 2014 (Public Law 113-150).
Cybersecurity and Report.--The Secretary of State shall
consult with the Committees on Appropriations on a semi-annual
basis on cybersecurity protocols and procedures. Not later than
90 days after enactment of the Act, the Secretary of State
shall update the report required under this heading in Senate
Report 116-126 in the manner described.
Democracy Fellowship Program.--The agreement includes
$800,000 for a newly established democracy fellowship program.
DRL shall consult with the Committees on Appropriations on such
program.
Department of State Staffing Reports.--Not later than 90
days after enactment of the Act, the Secretary of State shall
submit a report to the appropriate congressional committees
evaluating the need for increases in the number of Department
of State personnel, specifically mid-level Foreign Service
Officer positions (grades FS-03, FS-02, and FS-01), at overseas
posts, including a plan to increase the number of such
personnel, if warranted.
Department of State Workforce Diversification.--The
agreement includes funding above the fiscal year 2020 level for
workforce diversity initiatives and endorses language under
this heading in the House report under Reports. Not later than
60 days after enactment of the Act, the Secretary of State
shall submit such report to the Committees on Appropriations.
Concurrent with the submission of such report, the
Secretary of State, following consultation with the appropriate
congressional committees, shall update the report required
under this heading in Senate Report 116-126 in the manner
described, which shall also include information on the
proportional number of United States Direct Hire employees,
Personal Service Contractors, and Foreign Service Limited
employees in traditionally underrepresented groups for fiscal
years 2018, 2019, and 2020.
Not later than 120 days after enactment of the Act, the
Secretary of State shall submit a report to the appropriate
congressional committees detailing steps taken to implement the
recommendation included in the January 27, 2020 GAO report
Additional Steps Are Needed to Identify Potential Barriers to
Diversity (GAO-20-237).
Exploitation and Abuse Report.--Not later than 180 days
after enactment of the Act, the Secretary of State and USAID
Administrator shall jointly submit a report to the appropriate
congressional committees detailing allegations of, and steps
taken to prevent and respond to, sexual exploitation and abuse
by implementing partners of foreign assistance programs
supported by funds appropriated for the Department of State and
USAID in fiscal year 2020.
Freedom of Expression Curriculum.--Not later than 60 days
after enactment of the Act, the Secretary of State shall submit
a report to the Committees on Appropriations on the status of
implementing the curriculum directed to be established under
this heading in Senate Report 116-126.
Global Criminal Justice.--The agreement includes funds
under this heading for the Office of Global Criminal Justice
(GCJ) to hire additional personnel to enhance the capacity of
GCJ to manage programs implemented pursuant to section
7065(a)(2) of the Act. Not later than 45 days after enactment
of the Act, the Ambassador-at-Large for Global Criminal Justice
shall consult with the Committees on Appropriations on the
implementation of such directive.
Global Engagement Center.--The agreement includes funds up
to the fiscal year 2020 level for the Global Engagement Center.
Global Magnitsky Human Rights Accountability Act.--The
agreement includes not less than the fiscal year 2020 level
under this heading for implementation of the Global Magnitsky
Human Rights Accountability Act.
Illegal, Unreported, and Unregulated (IUU) Fishing.--The
Under Secretary of State for Economic Growth, Energy, and the
Environment shall allocate a full-time position to support the
Interagency Working Group on IUU Fishing, as established by the
Maritime SAFE Act (subtitle C of title XXXV of Public Law 116-
92).
Individuals Detained at United States Naval Station,
Guantanamo Bay, Cuba.--The reporting requirement concerning
individuals detained at United States Naval Station, Guantanamo
Bay, Cuba under this heading in Senate Report 116-126 shall
remain in effect for fiscal year 2021.
Intercountry Adoption.--The Secretary of State should
explore additional avenues to reduce international adoption
case fees, and to ensure that the new fee schedule approved for
the Intercountry Adoption Accreditation and Maintenance Entity,
Incorporated (IAAME) does not impose undue financial burdens on
families seeking to adopt internationally, especially low-
income families, families seeking to adopt sibling groups, or
families seeking to adopt children with disabilities. The next
annual report on intercountry adoptions required by the
Intercountry Adoption Act of 2000 (Public Law 106-79) shall
include an assessment of the impact of IAAME's current fee
schedule, and identify actions taken by the Bureau of Consular
Affairs to create opportunities for intercountry adoption,
particularly in countries where American families are in the
process of adoption but those adoptions have been slowed or
blocked.
Not later than 90 days after enactment of the Act, the
Secretary of State shall provide the Committees on
Appropriations with recommendations for strengthening
intercountry adoption programs, including on a country-by-
country basis. The report should also include the average cost
per adoption, disaggregated by country, to the extent
practicable.
International Women of Courage Award.--Based on the
findings of the Office of Inspector General (OIG) in the
September 2020 Review of the Selection Process for the
International Women of Courage Award (ESP-20-04), the Secretary
of State shall, prior to initiating the International Women of
Courage Award selection process for fiscal year 2021, develop
and publish in the Foreign Affairs Manual specific criteria
regarding the nomination and selection of candidates and
recipients.
Outstanding Judgments.--The Secretary of State shall
assist, as appropriate, in obtaining payment of outstanding
judgments against foreign governments and diplomats, including
in the human trafficking civil case Lipenga v. Kambalame, and
submit a report to the Committees on Appropriations not later
than 60 days after enactment of the Act on progress in
resolving that case.
Post-Conflict/Peace Process Implementation Assessments.--
The agreement includes funding to continue programs within the
Bureau of Conflict and Stabilization Operations that utilize
independent assessments to peace accord implementation
milestones in Colombia and to expand such assessments in other
fragile and post-conflict settings, such as South Sudan and
Mindanao, Philippines, as appropriate.
Preventing Diplomats from Aiding and Abetting Flights from
Justice.--The Secretary of State shall update the report
required under this heading in Senate Report 116-126 in the
manner described, except such report shall detail the steps
taken by the Department of State since the submission of the
previous report.
Private Security Companies.--Not later than 90 days after
enactment of the Act, the Secretary of State shall update the
report required under this heading in Senate Report 115-152
regarding actions taken to ensure consistency in meeting
standards and codes of conduct used by certain private security
companies.
Public Diplomacy.--The agreement includes funding above the
fiscal year 2020 levels for public diplomacy programs and the
Department of State is directed to hire additional personnel in
regions identified in the bureau's Strategic Resource Review.
Racism, Anti-Semitism, and Xenophobia Abroad.--Not later
than 90 days after enactment of the Act, the Secretary of State
shall submit a report to the appropriate congressional
committees describing funding and initiatives to address racial
and ethnic discrimination abroad, to include a list of
Department efforts that explicitly focus on addressing racial
and ethnic prejudice and discrimination, funding for civil
society grants and Embassy programs and initiatives, exchange
and leadership programs, and related efforts.
Real Property.--The Secretary of State shall assist in
facilitating resolutions of commercial disputes involving
United States entities seeking return of real property seized
or expropriated by foreign governments, as appropriate.
Regional China Officers.--The agreement includes funds to
support public diplomacy activities of Regional China Officers
posted at United States missions overseas, following
consultation with the Committees on Appropriations.
Report on Recommendations.--Not later than 60 days after
enactment of the Act, the Secretary of State shall submit a
report to the Committees on Appropriations detailing
implementation of OIG recommendations and resolution of related
deficiencies regarding the Department of State's domestic
physical security program (ISP-20-11 and related reports),
including a detailed explanation for any recommendation
remaining open.
Reports.--The Secretary of State shall update the reports
required under Migration and Refugee Assistance in Senate
Report 115-282 in the manner described, except the relevant
data shall be updated for fiscal year 2021.
Sexual Harassment Report.--Not later than 45 days after
enactment of the Act, the Secretary of State shall report to
the appropriate congressional committees on the status of
implementing the OIG recommendations included in the September
2020 report Evaluation of the Department's Handling of Sexual
Harassment Reports (ESP-20-06).
Staff Care and Resilience.--The agreement endorses language
in the House report under this heading under Reports and
directs the Secretary of State and USAID Administrator to each
submit a report to the Committees on Appropriations not later
than 120 days after enactment of the Act.
Strategy for Obtaining the Release of Unjustly or
Wrongfully Detained Americans Abroad.--Not later than 60 days
after enactment of the Act, the Secretary of State shall
provide the appropriate congressional committees with the
strategy required under this heading in Senate Report 116-126,
including a description of the steps taken by the Department to
implement such strategy.
Transboundary Watershed Management.--The agreement includes
up to $500,000 to support Department of State engagement with
relevant Federal agencies to identify remaining gaps in the
Memoranda of Understanding between British Columbia and Alaska,
Washington, Idaho, and Montana, relating to mining activity in
transboundary watersheds.
United States Leadership in the Arctic.--The Secretary of
State shall update the report required under this heading in
Senate Report 116-126 in the manner described, except such
report shall describe steps taken and progress made in fiscal
year 2020.
Visa Adjudication Report.--The report directive concerning
visa adjudication included under this heading in the House
report shall not apply.
Visa Applicants.--The Secretary of State shall update the
report required under this heading in Senate Report 116-126 in
the manner described, except such report shall be submitted not
later than 90 days after enactment of the Act, and every 90
days thereafter until September 30, 2021.
CAPITAL INVESTMENT FUND
The agreement includes $250,000,000 for Capital Investment
Fund.
Prior to submitting the operating plan for Capital
Investment Fund as required in section 7061(a) of the Act, the
Secretary of State shall consult with the Committees on
Appropriations on the status and progress in information
technology modernization efforts and the transition plan for
shifting Expedited Passport Fees to the Consular and Border
Security Programs account.
OFFICE OF INSPECTOR GENERAL
The agreement includes $90,829,000 for Office of Inspector
General, of which $13,624,000 may remain available until
September 30, 2022, and an additional $54,900,000 for the
Special Inspector General for Afghanistan Reconstruction.
Prior to conducting the assessment of diplomatic evacuation
flights as described in the House report, the OIG shall consult
with the Committees on Appropriations.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
The agreement includes $740,300,000 for Educational and
Cultural Exchange Programs, of which not less than $274,000,000
is for the Fulbright Program and $113,860,000 is for the
Citizen Exchange Program. Funds under this heading are
allocated according to the following table:
EDUCATIONAL AND CULTURAL EXCHANGES
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Program/Activity Budget Authority
------------------------------------------------------------------------
Academic Programs
Fulbright Program.................................. 274,000
Global Academic Exchanges.......................... 62,960
English Language Programs........................ [45,200]
Special Academic Exchanges......................... 17,875
Benjamin Gilman International Scholarship Program [16,000]
------------------------------------------------------------------------
Subtotal........................................... 354,835
Professional and Cultural Exchanges
International Visitor Program...................... 104,000
Citizen Exchange Program........................... 113,860
Congress-Bundestag Youth Exchange................ [4,125]
Special Professional and Cultural Exchanges........ 5,750
J. Christopher Stevens Virtual Exchange.......... [5,000]
------------------------------------------------------------------------
Subtotal........................................... 223,610
Special Initiatives
Young Leaders Initiatives.......................... 34,400
Young African Leaders Initiative................. [20,000]
Young Southeast Asian Leaders Initiative......... [7,800]
Young Leaders in the Americas Initiative......... [6,600]
Countering State Disinformation and Pressure....... 12,000
Community Engagement Exchange Program.............. 5,000
------------------------------------------------------------------------
Subtotal........................................... 51,400
American Spaces...................................... 15,000
U.S. Speaker Program................................. 4,000
Tech Camps........................................... 2,000
Program and Performance.............................. 8,850
Exchanges Support.................................... 80,605
------------------------------------------------------------------------
Total.............................................. 740,300
------------------------------------------------------------------------
Alumni Thematic International Exchange Series.--The
agreement includes funds at not less than the fiscal year 2020
level for the Alumni Thematic International Exchange Series.
Fulbright English Teaching Assistants in Africa.--The
agreement includes not less than $2,000,000 for Fulbright
English Teaching Assistants in Africa. Not later than 90 days
after enactment of the Act, the Secretary of State shall
consult with the Committees on Appropriations on the use of
funds for such purpose.
Global TechGirls Program.--The agreement includes not less
than $1,000,000 above the fiscal year 2020 level to expand the
TechGirls program consistent with the directive under this
heading in the House report. Not later than 90 days after
enactment of the Act, the Secretary of State shall consult with
the Committees on Appropriations on the expansion of the
program.
Historically Black Colleges and Universities.--The
agreement includes $1,000,000 above the fiscal year 2020 level
for the Fulbright Program to increase the participation of
Historically Black Colleges and Universities (HBCUs) in the
Fulbright HBCU Institutional Leaders Initiative and to increase
Fulbright awards for individuals coming from, or hosted by,
other minority serving institutions.
McCain Scholars and Fellowship Programs.--The agreement
includes $1,600,000 for three McCain Scholars and Fellowship
programs, including $700,000 under the Benjamin Gilman
International Scholarships Program and $900,000 under the
Fulbright Program.
Modifications to Fulbright Programs.--Substantive
modifications to programs funded under this heading requiring
prior consultation and notification shall include the
significant downsizing, suspension, or termination of a
country's Fulbright program.
Monitoring and Evaluation.--The agreement includes
$3,250,000 under this heading for monitoring and evaluation.
Not later than 90 days after enactment of the Act, the
Secretary of State shall submit a report to the Committees on
Appropriations detailing: (1) the evaluation plan for the
Bureau of Educational and Cultural Affairs (ECA) programs for
fiscal years 2021 and 2022; (2) results from recently completed
evaluations; (3) steps taken to modernize the Bureau's
monitoring and evaluation process; and (4) examples of the
application of evaluation results on program design,
participant recruitment and selection, or other aspects of
exchange programs.
Operating Plan.--In submitting the operating plan required
by section 7061(a) of the Act as described in the House report,
the Secretary of State shall include fees estimated to be
collected and available for obligation by ECA in fiscal year
2021 and the uses of such fees, including the number of
employees and contractors to be funded by such fees.
Report on Changes to Programs.--Not later than 45 days
after enactment of the Act, the Secretary of State shall submit
a report to the Committees on Appropriations detailing any
modifications made to educational and cultural exchange
programs in the prior fiscal year, including for special
academic and special professional and cultural exchanges.
Scholar Rescue.--The Secretary of State shall continue to
support the Scholar Rescue program, which protects foreign
professors and researchers facing threats to their lives or
careers.
Strategic Review.--The Assistant Secretary for the Bureau
of Educational and Cultural Affairs shall consult with the
Committees on Appropriations with respect to the implementation
of recommendations in the Public Diplomacy and the Advancement
of U.S. Foreign Policy report and the 2016 Advisory Commission
on Public Diplomacy report.
REPRESENTATION EXPENSES
The agreement includes $7,415,000 for Representation
Expenses, subject to section 7010 of the Act.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
The agreement includes $30,890,000 for Protection of
Foreign Missions and Officials.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
The agreement includes $1,950,449,000 for Embassy Security,
Construction, and Maintenance, of which $824,287,000 is
designated for OCO/GWOT pursuant to BBEDCA.
Within the amount provided, $1,181,394,000 is for Worldwide
Security Upgrades and $769,055,000 is for Repair, Construction,
and Operations.
Acceptance of Gifts for Embassy Construction.--The
directive concerning the acceptance of gifts for embassy
construction included under this heading in Senate Report 116-
126 shall remain in effect during fiscal year 2021.
Art in Embassies Program.--Not later than 180 days after
enactment of the Act, the Secretary of State shall update the
report required under this heading in Senate Report 114-79, as
necessary, and identify each United States Embassy in which the
art is being displayed.
The Secretary of State shall continue to include in
diplomatic facility construction project notifications that
contain funds for a major purchase of art, a determination that
such purchase is in the national interest of the United States.
For major purchases of art that are not part of a diplomatic
facility construction project, such determination shall be made
and reported to the Committees on Appropriations prior to the
obligation of funds for such purposes.
Capital Security Cost Sharing and Maintenance Cost Sharing
Programs.--The agreement recommends $1,066,394,163 under this
heading for a Department of State contribution and $215,202,000
under Capital Investment Fund in title II of the Act for a
USAID contribution. Other Federal agencies funded by the Act,
including the United States Agency for Global Media (USAGM),
the Millennium Challenge Corporation (MCC), the Peace Corps,
the United States International Development Finance Corporation
(DFC), and the Trade and Development Agency (TDA), are required
to make contributions consistent with their respective share of
the $2,600,000,000 program total.
Operating Plan.--The operating plan required by section
7061(a) of the Act shall include the proposed allocation of
funds made available under this heading and the actual and
anticipated proceeds of sales or gifts for all projects in
fiscal year 2021.
United States Embassy in Havana, Cuba.--The Secretary of
State shall update the report under this heading in Senate
Report 116-126 in the manner described.
Funds under this heading are allocated according to the
following table:
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Repair, Construction, and Operations.................... 769,055
Repair and Construction............................... [100,000]
Operations............................................ [669,055]
of which, Domestic Renovations........................ [18,000]
Worldwide Security Upgrades............................. 1,181,394
Capital Security Cost Sharing and Maintenance Cost [1,066,394]
Sharing Program......................................
Compound Security Program............................. [115,000]
---------------
Total................................................. 1,950,449
------------------------------------------------------------------------
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
The agreement includes $7,885,000 for Emergencies in the
Diplomatic and Consular Service.
Quarterly Reports.--The quarterly reports required by
section 124 of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (Public Law 100-204) shall include, by
category, actual expenditures for the prior two fiscal years
and cumulative totals for the current fiscal year of the funds
available under this heading.
REPATRIATION LOANS PROGRAM ACCOUNT
The agreement includes $2,500,000 for Repatriation Loans
Program Account and $1,000,000 transfer authority in the
Emergencies in the Diplomatic and Consular Service account to
support the subsidy cost and a total loan level of $6,311,992.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
The agreement includes $31,963,000 for Payment to the
American Institute in Taiwan.
The Secretary of State, in consultation with the Director
of the American Institute in Taiwan, shall continue to report
in the CBJ the amount of fees estimated to be received from the
Department of State for consular services.
INTERNATIONAL CENTER, WASHINGTON, DISTRICT OF COLUMBIA
The agreement includes $2,743,000 for International Center,
Washington, District of Columbia, of which $2,000,000 is for
the International Center to support the repair and maintenance
of the Center's infrastructure, as necessary.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
The agreement includes $158,900,000 for Payment to the
Foreign Service Retirement and Disability Fund.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
The agreement includes $1,505,928,000 for Contributions to
International Organizations, of which $96,240,000 is designated
for OCO/GWOT pursuant to BBEDCA.
Assessments.--The agreement includes the funding necessary
to pay the full United States assessment to the United Nations
(UN) regular budget, as agreed to by the Department of State in
United Nations Resolution A/RES/73/271.
Organization of American States.--Prior to the obligation
of funds appropriated by the Act and made available for an
assessed contribution to the Organization of American States
(OAS), but not later than 90 days after enactment of the Act,
the Secretary of State shall submit a report to the Committees
on Appropriations on actions taken or planned to be taken by
the OAS to: (1) implement budgetary reforms and efficiencies;
(2) eliminate arrears and increase other donor contributions;
(3) prevent programmatic redundancies; (4) prioritize areas in
which the OAS has a comparative advantage, such as supporting
democracy, monitoring electoral processes, and protecting human
rights; and (5) ensure the credibility, and competent and
timely implementation, of personnel disciplinary procedures.
Food and Agriculture Organization.--The UN Food and
Agriculture Organization is encouraged to work with land grant
institutions of higher learning in the United States to meet
global food security challenges.
United Nations Budget and Voting Practices.--The Secretary
of State shall transmit to the Committees on Appropriations
concurrent with the submission of the President's budget
request for fiscal year 2022 the most recent biennial budget
prepared by the UN for the operations of the UN.
In considering bilateral assistance for a foreign
government, the Secretary of State shall review, among other
factors, the voting practices of such government at the UN in
relation to United States strategic interests.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
The agreement includes $1,456,314,000 for Contributions for
International Peacekeeping Activities, of which $705,994,000 is
designated for OCO/GWOT pursuant to BBEDCA.
Sufficient funds are provided in the agreement for United
States contributions to peacekeeping missions at the statutory
level of 25 percent. Funding for the United States share of the
United Nations Support Office in Somalia is provided under
Peacekeeping Operations in title IV of the Act, instead of
under this heading.
Evaluations and Prioritization.--Consistent with prior
fiscal years, the Secretary of State shall work with the UN and
members of the UN Security Council to evaluate and prioritize
peacekeeping missions, and to consider a drawdown when mission
goals have been substantially achieved.
Report.--Not later than 60 days after enactment of the Act,
the Secretary of State shall submit a report to the Committees
on Appropriations detailing overdue payments to UN peacekeeping
troop contributing countries, including an assessment of the
impact of such overdue payments on such countries' operational
capacity.
International Commissions
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
Operating Plan.--Prior to the submission of the operating
plan required by section 7061(a) of the Act, the United States
Commissioner to the International Boundary and Water Commission
shall consult with the Committees on Appropriations with
respect to the use of funds appropriated by the Act for the
Commission.
SALARIES AND EXPENSES
The agreement includes $49,770,000 for Salaries and
Expenses.
CONSTRUCTION
The agreement includes $49,000,000 for Construction.
Southwest Border Pollution.--Not later than 90 days after
enactment of the Act, the Secretary of State, in coordination
with the heads of other relevant Federal agencies, shall submit
a report to the Committees on Appropriations detailing the
implementation of the interagency plan submitted pursuant to
the directive under this heading in Senate Report 116-126.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
The agreement includes $15,008,000 for American Sections,
International Commissions, including $10,802,000 for the
International Joint Commission (IJC), $2,304,000 for the
International Boundary Commission, and $1,902,000 for technical
grants and the Community Assistance Program of the North
American Development Bank.
The agreement includes the authority to make up to
$1,250,000 of funds for the IJC available until September 30,
2022.
The agreement includes $1,250,000 for the IJC to support
the multi-year, United States-Canadian study on the causes and
impacts of, and mitigation options for, flooding in the Lake
Champlain-Richelieu River watershed.
The agreement includes $1,665,000 for the IJC's Great Lakes
Adaptive Management Committee.
Boundary Waters Treaty.--The agreement does not endorse
language in the House report under this heading regarding the
Rainy River Drainage Basin.
Columbia River Treaty.--Not later than 60 days after
enactment of the Act, the Secretary of State, in coordination
with other relevant Federal agencies, shall submit a report to
the Committees on Appropriations on the benefits the Columbia
River Treaty has facilitated for Canada.
INTERNATIONAL FISHERIES COMMISSIONS
The agreement includes $62,846,000 for International
Fisheries Commissions. Such funds are allocated according to
the following table:
INTERNATIONAL FISHERIES COMMISSIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Commission/Activity Authority
------------------------------------------------------------------------
Great Lakes Fishery Commission.......................... 47,060
Lake Champlain Basin.................................. [9,000]
Grass Carp............................................ [1,000]
Lake Memphremagog Fishery............................. [500]
Inter-American Tropical Tuna Commission................. 1,750
Pacific Salmon Commission............................... 5,935
Mark-Selective Fisheries Fund......................... [1,750]
International Pacific Halibut Commission................ 4,582
Other Marine Conservation Organizations................. 3,519
---------------
Total................................................. 62,846
------------------------------------------------------------------------
Related Agency
United States Agency for Global Media
INTERNATIONAL BROADCASTING OPERATIONS
The agreement includes $793,257,000 for International
Broadcasting Operations.
Of the funds made available under this heading, up to
$40,708,000 may remain available until expended for satellite
transmissions and Internet freedom programs, of which not less
than $20,000,000 is for Internet freedom programs.
Central and Eastern Europe.--The agreement endorses
language under this heading in the House report concerning the
media environment in Central and Eastern Europe and includes
funds to expand such programming.
Congressional Notifications.--Funds made available under
this heading are subject to the notification requirements of
section 7015 and the operating/program plan requirement of
section 7061(a) of the Act. The USAGM Chief Executive Officer
(CEO) is directed to continue to include in the annual program
plan the level of detail provided in prior years. Additionally,
the agreement maintains language that subjects USAGM to the
regular notification procedures of the Committees on
Appropriations for significant modifications to USAGM broadcast
hours previously justified to Congress for all language
services, including modifications to the annual program plan.
The USAGM CEO shall also apply such requirement to significant
modifications to elements of the program plan not related to
language services.
Countering Russian Disinformation.--The agreement includes
not less than the fiscal year 2020 level for programs to
counter Russian disinformation, including the Current Time TV
programming of Radio Free Europe/Radio Liberty and the Voice of
America.
Office of Cuba Broadcasting.--The agreement includes
$12,973,000 for the Office of Cuba Broadcasting (OCB) and
continues the authority to transfer up to $7,000,000 from
USAGM's Buying Power Maintenance Account (BPMA) to help manage
the cost of OCB reform.
The reporting and briefing requirements included under this
heading in Senate Report 116-126 concerning OCB shall remain in
effect during fiscal year 2021 and the USAGM CEO shall consult
with the Committees on Appropriations prior to development and
submission of the initial report. Additionally, each report
shall include the amount planned for transfer from the BPMA
pursuant to the transfer authority under this heading and
justification for such transfer.
Principles and Standards.--The Act requires funds
appropriated under this heading to be made available in
accordance with the principles and standards set forth in
section 303(a) and (b) of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6202) and section 305(b) of
such Act (22 U.S.C. 6204). The application of this requirement
shall be done in a manner that is, at a minimum, consistent
with the statutory firewall, journalistic independence and best
practices, and the highest standards of professional journalism
set forth in any applicable regulation during fiscal year 2020.
Funds under this heading are allocated according to the
following table:
INTERNATIONAL BROADCASTING OPERATIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Entities/Grantees Authority
------------------------------------------------------------------------
Federal Entities
International Broadcasting Bureau Operations.......... 42,800
Office of Internet Freedom.......................... [179]
Office of Cuba Broadcasting........................... 12,973
Office of Technology, Services, and Innovation........ 177,515
Voice of America...................................... 257,000
---------------
Subtotal.............................................. 490,288
Independent Grantee Organizations
Radio Free Europe/Radio Liberty....................... 126,500
Radio Free Asia....................................... 47,603
Middle East Broadcasting Networks..................... 108,866
Open Technology Fund.................................. 20,000
---------------
Subtotal.............................................. 302,969
---------------
Total............................................... 793,257
------------------------------------------------------------------------
BROADCASTING CAPITAL IMPROVEMENTS
The agreement includes $9,700,000 for Broadcasting Capital
Improvements.
RELATED PROGRAMS
The Asia Foundation
The agreement includes $20,000,000 for The Asia Foundation.
Such funds shall be apportioned and obligated to the Foundation
not later than 60 days after enactment of the Act.
United States Institute of Peace
The agreement includes $45,000,000 for the United States
Institute of Peace. The Institute is encouraged to support, as
appropriate, efforts by the United States Embassy in Hanoi,
USAID, and the Department of Defense to assist the Government
of Vietnam in locating and identifying Vietnamese listed as
missing in action as part of broader United States-Vietnam
reconciliation efforts.
Center for Middle Eastern-Western Dialogue Trust Fund
The agreement includes $250,000 from interest and earnings
from the Center for Middle Eastern-Western Dialogue Trust Fund.
The Center shall continue efforts to leverage existing funds to
secure contributions from private and other public sources to
the maximum extent practicable. The agreement supports the
Department of State oversight of the annual grant to the
Center; however, the Secretary of State shall not require prior
approval of program participants.
Eisenhower Exchange Fellowship Program
The agreement includes $209,000 from interest and earnings
from the Eisenhower Exchange Fellowship Program Trust Fund.
Israeli Arab Scholarship Program
The agreement includes $119,000 from interest and earnings
from the Israeli Arab Scholarship Endowment Fund.
East-West Center
The agreement includes $19,700,000 for East-West Center.
Such funds shall be apportioned and obligated to the Center not
later than 60 days after enactment of the Act.
National Endowment for Democracy
The agreement includes $300,000,000 for National Endowment
for Democracy, of which $195,840,000 shall be allocated in the
traditional and customary manner, including for the core
institutes, and $104,160,000 for democracy programs. Such funds
shall be apportioned and obligated to the National Endowment
for Democracy (NED) not later than 60 days after enactment of
the Act.
Central Europe.--Not later than 90 days after enactment of
the Act, the President of NED shall consult with the Committees
on Appropriations regarding the feasibility of expanding
country-specific democracy programming in Central Europe.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
The agreement includes $642,000 for the Commission for the
Preservation of America's Heritage Abroad.
United States Commission on International Religious Freedom
SALARIES AND EXPENSES
The agreement includes $4,500,000 for United States
Commission on International Religious Freedom.
The agreement includes $1,000,000 above the authorized
level for increased oversight; vetting and population of United
States Commission on International Religious Freedom (USCIRF)
databases; staff to provide additional quality and credible
research; and the dispatch of fact-finding missions, including
to India.
Report.--USCIRF shall include in its Annual Report the
specific actions taken or planned to be taken by USCIRF to
report on, and advocate against, laws and policies of foreign
countries that permit or condone violations of human rights of
minority groups and other vulnerable communities on the basis
of religion.
Commission on Security and Cooperation in Europe
SALARIES AND EXPENSES
The agreement includes $2,908,000 for Commission on
Security and Cooperation in Europe.
Congressional-Executive Commission on the People's Republic of China
SALARIES AND EXPENSES
The agreement includes $2,250,000 for Congressional-
Executive Commission on the People's Republic of China.
United States-China Economic and Security Review Commission
SALARIES AND EXPENSES
The agreement includes $4,000,000 for United States-China
Economic and Security Review Commission.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
OPERATING EXPENSES
The agreement includes $1,377,747,000 for Operating
Expenses, of which $206,662,000 may remain available until
September 30, 2022.
Funds in the Act under this heading are allocated according
to the following table and subject to sections 7015 and 7061 of
the Act:
OPERATING EXPENSES
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program/Activity Authority
------------------------------------------------------------------------
Overseas Operations:
Field Missions........................................ 505,316
Salaries and benefits, United States Direct Hire 299,623
Personnel............................................
Subtotal, Overseas Operations......................... 804,939
Washington Support:
Washington bureaus and offices........................ 105,673
Salaries and benefits, United States Direct Hire 392,561
Personnel............................................
Subtotal, Washington Support.......................... 498,234
Central Support:
Information Technology................................ 117,798
Rent and General Support.............................. 131,224
Staff Training........................................ 25,075
Personnel Support..................................... 33,947
Other Agency Costs.................................... 22,230
Subtotal, Central Support............................. 330,274
Total............................................... 1,633,447
of which, fiscal year 2021 appropriations............ 1,377,747
of which, from carryover and other sources............ 255,700
------------------------------------------------------------------------
Account Structure.--Not later than 60 days after enactment
of the Act, the USAID Administrator shall submit a report to
the Committees on Appropriations on alternative structures to
the Operating Expenses account appropriations language, with
the goal of increasing the transparency and accountability of
funding appropriated for USAID operations. The report shall
include an analysis of the structure of the Operating Expenses
appropriations language contained in S. 2583 (the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2020, as introduced in the Senate on September 26, 2019),
and the timeline, cost, and changes to budget formulation and
execution processes required to implement each of the proposed
structures. The Administrator shall consult with such
Committees prior to the submission of the report. USAID did not
comply with the consultation requirement contained in the
explanatory statement accompanying division G of Public Law
116-94 to provide such alternatives. The Administrator is
further directed to continue providing such Committees with
quarterly obligation reports on the account.
Adaptive Personnel Project.--The agreement does not include
funding for USAID's Adaptive Personnel Project under Operating
Expenses nor does it authorize the use of program funds for
such purpose. The USAID Administrator shall consult with the
Committees on Appropriations prior to the use of any new hiring
authority.
Human Rights Division.--The agreement endorses language in
the House report under this heading.
Small Businesses.--The USAID Administrator shall update the
report required under this heading in Senate Report 116-126 in
the manner described, except that such report shall cover
fiscal year 2020 awards.
Workforce Diversity.--Funds appropriated under this heading
shall be made available to increase USAID workforce diversity
initiatives over the prior year level. The agreement endorses
the language in the House report under Reports in this heading
and directs that not later than 60 days after enactment of the
Act, the USAID Administrator shall submit such report to the
Committees on Appropriations.
CAPITAL INVESTMENT FUND
The agreement includes $258,200,000 for Capital Investment
Fund.
The agreement includes $215,202,000 for USAID's fiscal year
2021 contribution to the Capital Security Cost Sharing and
Maintenance Cost Sharing programs and $33,000,000 to address
the fiscal year 2020 contribution shortfall.
OFFICE OF INSPECTOR GENERAL
The agreement includes $75,500,000 for Office of Inspector
General, of which $11,325,000 may remain available until
September 30, 2022.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
GLOBAL HEALTH PROGRAMS
The agreement includes $9,195,950,000 for Global Health
Programs. Funds under this heading are allocated according to
the following table and subject to section 7019 of the Act:
GLOBAL HEALTH PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program/Activity Authority
------------------------------------------------------------------------
Maternal and Child Health............................... 855,500
Polio................................................. [65,000]
Maternal and Neonatal Tetanus......................... [2,000]
The GAVI Alliance..................................... [290,000]
Nutrition (USAID)....................................... 150,000
Micronutrients........................................ [33,000]
of which, Vitamin A................................... [22,500]
Iodine Deficiency Disorder............................ [2,500]
Vulnerable Children (USAID)............................. 25,000
Blind Children........................................ [4,000]
HIV/AIDS (USAID)........................................ 330,000
Microbicides.......................................... [45,000]
HIV/AIDS (Department of State).......................... 5,930,000
The Global Fund to Fight AIDS, Tuberculosis, and [1,560,000]
Malaria..............................................
UNAIDS................................................ [45,000]
Family Planning/Reproductive Health (USAID)............. 523,950
Other Infectious Diseases (USAID)....................... 1,381,500
Global Health Security................................ [190,000]
Malaria............................................... [770,000]
Tuberculosis.......................................... [319,000]
of which, Global TB Drug Facility..................... [15,000]
Neglected Tropical Diseases........................... [102,500]
---------------
Total................................................. 9,195,950
------------------------------------------------------------------------
Combating Antimicrobial Resistance.--The agreement includes
not less than $150,000,000 to combat antimicrobial resistance,
including to improve international collaboration and capacities
for antimicrobial prevention, surveillance, control, and
research and development.
Global Health Security.--The agreement includes
$190,000,000 to accelerate the capacity of targeted countries
to prevent, detect, and respond to zoonotic and other
infectious disease outbreaks. Not later than 90 days after
enactment of the Act, the USAID Administrator shall submit to
the Committees on Appropriations a comprehensive strategy to
implement this funding that is integrated with country
strategies. Funds shall also be made available by USAID to
support the collection and analysis of data on unknown viruses
and other pathogens and to support, on a cost-matching basis
with other donors, a coordinating mechanism for the sharing of
data with other countries, following consultation with the
Committees on Appropriations. In developing the strategy, the
Administrator shall consult with the heads of other relevant
Federal agencies and work with such agencies to maximize
coordination on global health security, delineate roles and
responsibilities, and measure progress.
The agreement endorses the Global Health Security reporting
requirement included in the House report, but the initial
report shall be submitted not later than 60 days after
enactment of the Act and comply with the directives described.
Health Systems Strengthening.--In lieu of the House
directive under this heading, the USAID Administrator, in
consultation with the United States Global AIDS Coordinator,
shall submit a report to the appropriate congressional
committees not later than 120 days after enactment of the Act
on: (1) the amounts made available for cross-cutting health
systems strengthening activities disaggregated by each
respective health element; (2) progress made to integrate
across programs; and (3) the results achieved in the previous
fiscal year to build accessible, accountable, and affordable
local health systems. The report shall include achievements and
challenges to coordinating and transferring responsibility for
such efforts to local health systems and an overview of efforts
to coordinate indicators and programmatic initiatives across
funding accounts and agencies. The report shall also identify
any aspects in which health systems strengthening activities
have failed to achieve sustainable results, and recommendations
for ways to address such challenges.
Maternal and Child Health.--The USAID Administrator shall
update the report required under this heading in Senate Report
116-126, which shall be posted on the USAID website not later
than December 31, 2021.
Neglected Surgical Conditions.--The USAID Administrator
shall support efforts to strengthen surgical health capacity to
address such health issues as cleft lip and cleft palate, club
foot, cataracts, hernias, fistulas, and untreated traumatic
injuries in underserved areas in developing countries,
including in contexts without water or electricity.
Strengthening surgical health systems includes the training of
local surgical teams to provide safe, sustainable, and timely
surgical care, and assisting ministries of health to develop
and implement national surgical, obstetric, trauma, and
anesthesia plans.
Nutrition Report.--The agreement requires the nutrition
report under this heading in the House report, which shall also
include: (1) the outcomes, disaggregated by USAID bureau,
including nutrition-specific treatment and prevention
interventions on a country-by-country basis; (2) the
approximate number of additional children treated for severe
acute malnutrition as a result of United States Government
assistance; and (3) the approximate number of additional
children receiving vitamin A as a result of such assistance.
Research and Development.--Not later than 60 days after
enactment of the Act, the USAID Administrator shall update the
report required under this heading in Senate Report 116-126 on
USAID's health-related research and development strategy in the
manner described.
Risk Management and Insurance.--In order to manage the
risks associated with the worldwide delivery of sensitive
global health commodities, USAID and the Department of State
are directed to collect data on risks to product quality in the
supply chain and ensure that adequate insurance is in place to
protect against losses.
Tuberculosis.--The USAID Administrator should implement a
comprehensive strategy to achieve tuberculosis (TB) elimination
by simultaneously searching actively for TB infection, treating
TB disease (including multi-drug resistant TB) to completion,
and enabling infection control at key congregate settings
including hospitals and prisons.
Not later than 180 days after enactment of the Act, the
USAID Administrator shall update the report for TB-prevalent
countries required under this heading in Senate Report 116-126.
United States-Africa Institute for Epidemic Preparedness
and Innovation.--No funds were requested for the United States-
Africa Institute and any funds made available are subject to
prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
Vaccines.--The agreement supports continued efforts at not
less than the prior fiscal year level to create effective
vaccines for malaria and HIV/AIDS and to undertake vaccine
development efforts to prevent and respond to infectious
disease outbreaks.
Vulnerable Children.--The agreement endorses the language
under this heading in the House report including for protection
and psycho-social support for youth at risk of violence, abuse,
exploitation, or neglect, particularly in conflict zones and
humanitarian settings. The annual report required by Public Law
109-95 shall include a description of the amounts invested for
each objective of the United States Government Action Plan for
Children in Adversity in the prior fiscal year.
The USAID Administrator is directed to better track and
coordinate outcomes related to child protection and protection
of children outside of family care, including: (1) investment
in technology that identifies and protects vulnerable children,
facilitates case management, and reports outcomes; and (2)
programs that prevent unnecessary parent-child separation and
increase the percentage of children living within family care
instead of institutions.
The agreement includes funding for programs that address
autism spectrum disorders, including treatment and the training
of healthcare workers to better diagnose such disorders.
DEVELOPMENT ASSISTANCE
The agreement includes $3,500,000,000 for Development
Assistance. Funds for certain countries and programs under this
heading are allocated according to the following table and
subject to section 7019 of the Act:
DEVELOPMENT ASSISTANCE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Country/Program Authority
------------------------------------------------------------------------
Africa
Burkina Faso............................................ 6,000
Cameroon................................................ 4,000
Central Africa Republic................................. 3,000
Counter-Lord's Resistance Army/Illicit Armed Groups 10,000
Program................................................
Democratic Republic of Congo............................ 95,000
Liberia................................................. 65,500
Malawi higher education................................. 10,000
Niger................................................... 25,000
Somalia................................................. 55,000
South Sudan............................................. 50,000
Sudan................................................... 20,000
The Gambia democracy programs........................... 2,000
Access to Justice in Conflict-Affected Countries........ 1,000
Young African Leaders Initiative (YALI)................. 10,000
East Asia and the Pacific
Laos.................................................... 27,000
Philippines............................................. 70,000
People's Republic of China rule of law and environment.. 5,000
Regional Development Mission for Asia................... 5,000
Young Southeast Asian Leaders Initiative (YSEALI)....... 5,000
Middle East and North Africa
USAID Middle East Regional..............................
Refugee Scholarships Program in Lebanon............... 8,000
South and Central Asia
Bangladesh.............................................. 122,200
Labor programs........................................ [3,000]
India................................................... 25,000
Maldives................................................ 2,200
Nepal................................................... 40,000
Western Hemisphere
Barbados and Eastern Caribbean.......................... 2,000
Haiti................................................... 51,000
Reforestation......................................... [8,500]
Global Programs
Bureau for Resilience and Food Security.................
Community Development Fund............................ 80,000
Research and Development.............................. 150,000
of which, Feed the Future Innovation Labs............. [55,000]
of which, Global Crop Diversity Trust................. [5,500]
Combating child marriage................................ 15,000
Development Innovation Ventures......................... 30,000
Disability Programs..................................... 12,500
Leahy War Victims Fund.................................. 13,900
Low Cost Eyeglasses..................................... 3,500
Mobility Program........................................ 2,000
Ocean Freight Reimbursement Program..................... 1,500
Office of Education..................................... 35,000
Trade Capacity Building................................. 18,000
USAID Advisor for Indigenous Peoples Issues............. 4,250
Victims of Torture...................................... 12,000
Wheelchairs............................................. 5,000
------------------------------------------------------------------------
Access to Justice in Conflict-Affected Countries in
Africa.--The agreement includes funds to implement a new
program to expand access to justice in conflict-affected
countries in Africa, which shall be awarded on an open and
competitive basis.
Advisor for Indigenous Peoples Issues.--The agreement
includes not less than $4,250,000 for the USAID Advisor for
Indigenous Peoples Issues, of which $3,500,000 is for programs
administered by the Advisor and an additional $750,000 is for
personnel costs and other program-funded administrative
expenses, including to enable the Advisor to carry out the
activities specified under this heading in Senate Report 116-
126.
Biofortification.--The agreement endorses House report
language regarding the importance of biofortification as part
of the Global Food Security Strategy.
Children with Disabilities.--The Secretary of State and
USAID Administrator shall increase funding for programs
implemented by UN Children's Fund and its partners to protect
the rights of, and increase access to services and
opportunities for, children with disabilities in poor
countries.
Clean Cookstoves.--The Department of State and USAID, in
partnership with other Federal agencies, shall continue to help
address the health and safety issues associated with
traditional cookstoves, including by distributing clean
cookstoves that sustainably reduce fuel consumption and
exposure to harmful smoke.
Faith-Based Organizations.--The Secretary of State and
USAID Administrator shall continue to use the faith sector, in
conjunction with the public and private sectors, for the
delivery of assistance in developing countries.
Land Grant Institutions.--USAID shall continue to partner
with land grant institutions of higher learning with
specialized capability in agriculture research to assist
developing countries improve food production.
Low Cost Eyeglasses.--The agreement includes funds to
support sustainable initiatives to provide low cost eyeglasses
to needy children and adults with poor vision in less developed
countries. USAID should continue to leverage existing
mechanisms, such as the Global Partnership on Assistive
Technology, to identify opportunities to increase equitable
access to eyeglasses in such countries and consult with the
Committees on Appropriations on the uses of such funds.
New Partnerships Initiative.--USAID should continue to work
with new partners to assist in the development of local
capacity overseas and increase the number and diversity of
small, mid-size, new, and underutilized partners through
initiatives such as the New Partnerships Initiative.
Volunteers.--The USAID Administrator shall implement an
agency-wide policy that attributes additional merit to
proposals and applications that include the use of skilled
United States and local volunteers (including, as appropriate,
the use of the Peace Corps Response Corps and United States
Government retirees) and post such opportunities on the USAID
website.
INTERNATIONAL DISASTER ASSISTANCE
The agreement includes $4,395,362,000 for International
Disaster Assistance, of which $1,914,041,000 is designated for
OCO/GWOT pursuant to BBEDCA. Such funds shall be apportioned to
USAID not later than 60 days after enactment of the Act.
Child Protection.--The agreement endorses the directive
under this heading in the House report concerning prioritizing
the protection of children and integrating that protection
across other humanitarian interventions.
TRANSITION INITIATIVES
The agreement includes $92,043,000 for Transition
Initiatives.
COMPLEX CRISES FUND
The agreement includes $30,000,000 for Complex Crises Fund.
The notification requirement in section 509(b)(5) of title V of
division J of Public Law 116-94 shall apply to funds
appropriated under this heading.
ECONOMIC SUPPORT FUND
The agreement includes $3,151,963,000 for Economic Support
Fund. Funds for certain countries and programs under this
heading are allocated according to the following table and
subject to section 7019 of the Act:
ECONOMIC SUPPORT FUND
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Country/Program Authority
------------------------------------------------------------------------
Africa
African Union........................................... 1,600
Niger................................................... 6,000
State Africa Regional................................... 31,000
West Africa anti-slavery programs....................... 2,000
East Asia and the Pacific
Global Cooperation and Training Framework............... 3,000
Regional Development Mission for Asia................... 13,000
Middle East and North Africa
Lebanon................................................. 112,500
Lebanon scholarships.................................. [12,000]
Middle East Partnership Initiative scholarship program.. 20,000
Middle East Regional Cooperation........................ 5,000
Near East Regional Democracy............................ 55,000
Nita M. Lowey Middle East Partnership for Peace Act..... 50,000
West Bank and Gaza...................................... 75,000
South and Central Asia
Afghanistan Civilian Assistance Program................. 10,000
India................................................... 24,000
Maldives................................................ 2,000
Nepal................................................... 35,000
Pakistan Civilian Assistance Program.................... 5,000
Western Hemisphere
Cuba.................................................... 20,000
Organization of American States......................... 5,000
Global Programs
Ambassador-at-Large for Global Women's Issues........... 10,000
Bureau for Energy Resources............................. 6,000
Caribbean Energy Security Initiative.................. [3,000]
Bureau for Oceans and International Environment and 50,000
Scientific Affairs.....................................
Arctic Council........................................ [1,000]
Conflict and Stabilization Operations................... 2,500
Family Planning/Reproductive Health (USAID)............. 51,050
Foreign Assistance Program Evaluation................... 500
House Democracy Partnership............................. 1,900
Office of the Coordinator for Cyber Issues.............. 7,000
Implementation of Public Law 99-415..................... 2,500
Information Communications Technology Training.......... 1,000
------------------------------------------------------------------------
Anti-Blasphemy Laws.--The agreement includes funds to
support in-country training programs for countries that repeal
or begin a formal process to remove blasphemy-related offenses
from their criminal codes, and to train relevant civil society
leaders, religious leaders, media, the judiciary, and law
enforcement on conflict de-escalation tools, community
engagement, peace building, and international human rights
standards.
Global Cooperation and Training Framework.--The agreement
includes funds for the Global Cooperation and Training
Framework, which is jointly administered by the United States,
Taiwan, and Japan, and serves as a platform to support public
health, law enforcement, disaster relief, energy cooperation,
women's empowerment, cybersecurity, media literacy, and good
governance.
Institutions of Higher Education.--The agreement includes
funding for institutions of higher education in the Middle East
and South Asia.
Judicial Reform.--Judicial reform is integral to
establishing the rule of law and protecting fundamental rights
in developing countries, and the agreement includes funding to
support programs focusing on judicial reform.
Public Diplomacy and Countering Disinformation.--The
agreement includes the funds for public diplomacy and
countering disinformation that were recommended under this
heading in the House bill under International Broadcasting
Operations in the Act. In allocating such funds, the USAGM CEO
shall be guided by the priorities and activities described
under International Broadcasting Operations in this explanatory
statement.
USAID-Israel International Development Cooperation.--The
agreement includes $2,000,000 for the activities described
under this heading in the House report.
DEMOCRACY FUND
The agreement includes $290,700,000 for Democracy Fund, of
which $190,450,000 is for DRL, and $100,250,000 is for USAID's
Bureau for Development, Democracy, and Innovation.
The agreement includes an additional $12,000,000 for DRL
and $5,000,000 for USAID above the prior fiscal year level for
new programs to counter the rise of authoritarianism abroad and
for the directives included in the table under this heading in
the House report. In lieu of the directive for International
Religious Freedom in such table, the agreement includes funding
for such programs at levels consistent with the prior fiscal
year under this heading and Economic Support Fund.
Concurrent with the submission of the 653(a) report, the
Secretary of State shall submit to the Committees on
Appropriations a table detailing transfers anticipated under
Economic Support Fund and Assistance for Europe, Eurasia and
Central Asia to Democracy Fund, to be administered by DRL,
which should be similar to the aggregate amount of transfers in
the prior fiscal year.
Allocation of Funds and Report.--The Secretary of State and
USAID Administrator shall consult with the Committees on
Appropriations on the uses of funds prior to the initial
obligation of funds provided under this heading.
Not later than 90 days after enactment of the Act, the
Secretary of State, in consultation with the USAID
Administrator, shall submit a report to the Committees on
Appropriations on all obligations of funds appropriated under
this heading for fiscal years 2018, 2019, and 2020. Such report
shall include: (1) obligations by fiscal year, country, region,
and activity; (2) an assessment of the alignment and impact of
such activities in advancing the objectives of United States
democracy promotion strategies; and (3) a brief description of
such strategies. The report shall also include a description of
any amounts returned to the United States Treasury, the reason
for such return, and whether such funds returned were
reimbursed by other amounts appropriated by prior Acts, as
directed by the Committees on Appropriations.
Global Labor Program.--Prior to the obligation of funds for
the Global Labor Program (GLP), the USAID Administrator shall
consult with the Committees on Appropriations on any plans to
modify or restructure the program. Funds made available for the
GLP are subject to the regular notification procedures of the
Committees on Appropriations.
Lifeline Embattled Civil Society Organizations Assistance
Fund.--The agreement includes $3,500,000 under this heading for
DRL for the Lifeline Embattled Civil Society Organizations
Assistance Fund.
Promoting Accountability, Inclusivity, and Resiliency.--The
Promoting Accountability, Inclusivity, and Resiliency (PAIRS)
strategic framework shall be implemented in a manner that
supports the traditional program of PAIRS recipients.
ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA
The agreement includes $770,334,000 for Assistance for
Europe, Eurasia and Central Asia.
Responsibilities of the Coordinator of United States
Assistance to Europe and Eurasia.--Assistance requested for
countries in Europe, Eurasia, and Central Asia under Global
Health Programs and International Narcotics Control and Law
Enforcement are not included in this account, but shall be
administered in accordance with the responsibilities of the
Coordinator of United States Assistance to Europe and Eurasia.
Trafficking in Persons.--Not less than $1,000,000 of the
funds made available under this heading for programs to combat
trafficking in persons shall be made available for such
programs in Organization for Security and Cooperation in Europe
countries.
Department of State
MIGRATION AND REFUGEE ASSISTANCE
The agreement includes $3,432,000,000 for Migration and
Refugee Assistance, of which $1,701,417,000 is designated for
OCO/GWOT pursuant to BBEDCA.
North Korea.--The agreement includes assistance for
refugees from North Korea, including protection activities in
the People's Republic of China (PRC) and other countries in
Asia.
Primary Health Care.--The agreement supports funding for
primary healthcare for refugees, internally displaced persons,
and other vulnerable communities in humanitarian settings and
conflict zones.
Refugee Employment.--The Secretary of State is directed to
expand efforts to assist refugees and other displaced persons
overseas to become self-reliant through labor mobility, as a
complementary solution for refugees in addition to
resettlement.
United Nations Relief and Works Agency.--Not later than 90
days after enactment of the Act, the Secretary of State shall
brief the Committees on Appropriations on the UN Relief and
Works Agency's adherence to the UN principles of neutrality,
human rights, tolerance, equality, and non-discrimination with
regard to race, gender, language, and religion. In complying
with the report directive under section 7048 of House Report
116-78, the Secretary may reduce the period of comparison to
fiscal years 2015 through 2020.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
The agreement includes $100,000 for United States Emergency
Refugee and Migration Assistance Fund.
Independent Agencies
PEACE CORPS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $410,500,000 for Peace Corps.
Consultation Requirement.--The Director of the Peace Corps
shall consult with the Committees on Appropriations prior to
any decision to close or suspend an overseas office or program
unless there is a substantial risk to volunteers or Peace Corps
personnel. Such consultation shall take place prior to any
communication to begin the implementation of such a decision
with host country officials, current or prospective volunteers,
or Peace Corps staff. Not later than 45 days after enactment of
the Act, the Peace Corps Director shall consult with the
Committees on Appropriations on the status of Peace Corps
operations overseas.
MILLENNIUM CHALLENGE CORPORATION
The agreement includes $912,000,000 for Millennium
Challenge Corporation, including up to $112,000,000 for
administrative expenses.
Administrative Expenses.--The MCC CEO is directed to
provide to the Committees on Appropriations quarterly
obligation reports of administrative expenses by the cost
categories detailed in the CBJ, starting not later than 30 days
after enactment of the Act. Such report shall also include
information on administrative expenses deobligated from prior
year appropriations. The MCC CEO is directed to consult with
such Committees on the format of such report.
INTER-AMERICAN FOUNDATION
The agreement includes $38,000,000 for Inter-American
Foundation.
The agreement includes funds appropriated for the Inter-
American Foundation for programs and activities in El Salvador,
Guatemala, and Honduras. The agreement also includes funds to
support the pilot exchange program described under this heading
in the House report.
UNITED STATES AFRICAN DEVELOPMENT FOUNDATION
The agreement includes $33,000,000 for United States
African Development Foundation.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
The agreement includes $33,000,000 for International
Affairs Technical Assistance, of which not more than $6,600,000
is for administrative expenses.
DEBT RESTRUCTURING
The agreement includes $15,000,000 to support the
implementation of the Tropical Forest Conservation Act; and, as
part of the Heavily Indebted Poor Countries Initiative,
$78,000,000 for debt relief for Somalia and $111,000,000 for
debt relief for Sudan.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
The agreement includes $1,385,573,000 for International
Narcotics Control and Law Enforcement. Funds for certain
programs under this heading are allocated according to the
following table and subject to section 7019 of the Act:
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Country/Program/Activity Authority
------------------------------------------------------------------------
Africa Regional, Department of State
Mano River Region Justice Programs.................... [2,000]
Atrocities prevention (sec. 7034(c)).................... 2,500
Combating wildlife trafficking.......................... 50,000
Critical flight safety program.......................... 18,000
Health monitoring systems............................. [12,500]
Cybercrime and intellectual property rights............. 10,000
Demand reduction........................................ 15,000
Democratic Republic of the Congo........................ 6,000
Virunga National Park security........................ [2,000]
Global Crime and Drugs Policy........................... 7,000
International Law Enforcement Academy................... 35,000
International Organized Crime........................... 68,150
Inter-Regional Aviation Support......................... 47,230
Sensor Upgrades....................................... [10,000]
Pakistan border security................................ 15,000
Regional Programs (sec. 7044(f))........................
Afghan Women in the Judiciary, Police, and Other [10,000]
Security Forces......................................
Security force professionalization (sec. 7035(a)(5)).... 3,000
Tajikistan.............................................. 6,000
Border security....................................... [3,000]
Trafficking in persons.................................. 77,000
Office to Monitor and Combat Trafficking in Persons... [66,000]
of which, Child Protection Compacts................... [10,000]
Western Hemisphere regional security cooperation........ 12,500
------------------------------------------------------------------------
Child Protection Compacts.--The agreement includes
$10,000,000 for child protection compacts, pursuant to the
Trafficking Victims Protection Act of 2000, as amended, which
may be made available following consultation with the
appropriate congressional committees.
Judicial Independence and Rule of Law Programs.--The
agreement includes $5,000,000 for programs dedicated to
strengthening the rule of law and judicial independence,
including through technical assistance to public prosecutors'
offices and special prosecutorial units dedicated to combating
corruption, money laundering, financial crimes, violations of
human rights, and impunity, provided that such units are
autonomous and capable of investigating and prosecuting high-
level cases.
The agreement includes funds to expand programs that
strengthen and promote independent judicial systems in
countries with a history of impunity that are confronting
criminal networks of corruption.
Global Magnitsky Human Rights Accountability Act.--The
agreement includes not less than $500,000 above the fiscal year
2020 level under this heading for implementation of the Global
Magnitsky Human Rights Accountability Act, and not later than
60 days after enactment of the Act the Secretary of State shall
consult with the Committees on Appropriations on the planned
uses of such funds.
Justice Reform Workforce Program.--The Department of State
shall consider the establishment, on an open and competitive
basis, of a central coordinating body at an academic
institution to collect lessons learned from programs providing
professional development of the interagency justice reform
workforce across the interagency and transform those lessons
into training and learning opportunities.
Mano River Region Justice Programs.--The agreement includes
$2,000,000 from funds made available for Africa Regional
programs under this heading for a new program to assist the
governments of Cote d'Ivoire, Guinea, Liberia, and Sierra Leone
to develop and implement justice sector reforms to strengthen
the social contract between citizens and the state, to be
awarded on an open and competitive basis.
Programs to End Modern Slavery.--The agreement includes up
to $25,000,000 under this heading for programs to end modern
slavery.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
The agreement includes $889,247,000 for Nonproliferation,
Anti-terrorism, Demining and Related Programs. Funds for
certain programs under this heading are allocated according to
the following table and subject to section 7019 of the Act:
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program/Activity Authority
------------------------------------------------------------------------
Nonproliferation programs............................... 289,800
Nonproliferation and Disarmament Fund................. [15,000]
Export Control and Related Border Security............ [67,000]
Global Threat Reduction............................... [74,000]
International Atomic Energy Agency.................... [94,800]
Anti-terrorism programs................................. 330,597
Anti-terrorism Assistance............................. [182,000]
Terrorist Interdiction Program........................ [50,000]
Counterterrorism financing............................ [14,000]
Counterterrorism Partnerships Fund.................... [84,597]
Conventional weapons destruction........................ 233,850
Humanitarian demining ................................ [196,350]
of which, Laos........................................ [40,000]
------------------------------------------------------------------------
Additional Assistance.--The agreement supports funding
above the fiscal year 2020 level for conventional weapons
destruction from funds made available by the Act and prior Acts
for Angola, Burkina Faso, Ethiopia, Mauritania, Niger, Sri
Lanka, and Zimbabwe, and directs the Secretary of State to
consult with the Committees on Appropriations on the
availability of such additional funds prior to the submission
of the 653(a) report.
Nonproliferation Disarmament Fund.--The agreement supports
funding for the Nonproliferation Disarmament Fund at not less
than the fiscal year 2020 level, including $15,000,000 in
carryover balances.
PEACEKEEPING OPERATIONS
The agreement includes $440,759,000 for Peacekeeping
Operations, of which $325,213,000 is designated for OCO/GWOT
pursuant to BBEDCA. Funds for certain countries and programs
under this heading are allocated according to the following
table and subject to section 7019 of the Act:
PEACEKEEPING OPERATIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Country/Program/Activity Authority
------------------------------------------------------------------------
Africa.................................................. 283,259
Central African Republic.............................. [8,000]
Democratic Republic of the Congo...................... [3,000]
Somalia............................................... [208,108]
South Sudan........................................... [20,000]
Africa Regional....................................... [44,151]
Near East............................................... 25,000
Multinational Force and Observers..................... [25,000]
Political-Military Affairs.............................. 132,500
Global Peacekeeping Operations Initiative Training [10,000]
Infrastructure.......................................
Security Force Professionalization (sec. 7035(a)(5)).. [3,000]
------------------------------------------------------------------------
Multinational Force and Observers.--The agreement includes
$25,000,000 for the United States share of the fiscal year 2021
operating budget for the Multinational Force and Observers
(MFO) mission in the Sinai. Sufficient funds remain available
from prior fiscal year balances to address force protection
requirements during fiscal year 2021. United States leadership
and participation in the MFO is important to the national
security interests of the United States.
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
The agreement includes $112,925,000 for International
Military Education and Training.
Database.--For purposes of implementing section 548(a) of
the FAA, funds in the Act shall be made available to foreign
governments, consistent with applicable provisions of law, to
facilitate efforts of the Departments of State and Defense to
comply with such section. The Secretary of State shall seek to
obtain information necessary to comply with such section from
governments receiving International Military Education and
Training (IMET) funds in a timely manner, and consult with the
Committees on Appropriations not later than 90 days after
enactment of the Act on such efforts, including progress made
in obtaining such information.
Participation of Women.--The agreement includes authority
for up to $3,000,000 to remain available until expended to
increase the participation of women in IMET programs, which
shall be in addition to funds otherwise made available for such
purposes. The Secretary of State shall instruct the Chief of
Mission in each country for which funds appropriated under this
heading are made available to work with the government of such
country to increase the participation of women in IMET
programs. Not later than 90 days after enactment of the Act,
the Secretary of State shall submit a report to the Committees
on Appropriations detailing steps taken in fiscal year 2020 and
the results achieved, and steps planned to be taken in fiscal
year 2021.
Report on Increased Assistance for Africa.--Not later than
90 days after enactment of the Act, the Secretary of State
shall submit a report to the Committees on Appropriations
assessing the potential impact on United States security
interests in Africa by increasing assistance appropriated under
this heading to United States Africa Command Partner Nations.
FOREIGN MILITARY FINANCING PROGRAM
The agreement includes $6,175,524,000 for Foreign Military
Financing Program, of which $576,909,000 is designated for OCO/
GWOT pursuant to BBEDCA.
Funds under this heading for certain countries and regional
programs are allocated according to the following table and
subject to section 7019 of the Act:
FOREIGN MILITARY FINANCING PROGRAM
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Country Authority
------------------------------------------------------------------------
Belize..................................................... 1,000
Central Asia Regional...................................... 10,000
Colombia................................................... 38,525
Costa Rica................................................. 7,500
Djibouti................................................... 5,000
Egypt...................................................... 1,300,000
Estonia.................................................... 10,000
Georgia.................................................... 35,000
Indonesia.................................................. 4,000
Iraq....................................................... 250,000
Israel..................................................... 3,300,000
Jordan..................................................... 425,000
Latvia..................................................... 10,000
Lithuania.................................................. 10,000
Maldives................................................... 400
Mexico..................................................... 6,000
Mongolia................................................... 3,000
Morocco.................................................... 10,000
Panama..................................................... 2,000
Tunisia.................................................... 85,000
Ukraine.................................................... 115,000
Vietnam.................................................... 12,000
------------------------------------------------------------------------
European Recapitalization Incentive Program.--The agreement
includes funding for the European Recapitalization Incentive
Program under the Countering Russian Influence Fund (CRIF),
which helps reduce the dependence of European countries on
Soviet-era military equipment.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
The agreement includes $387,500,000 for International
Organizations and Programs. Funds under this heading are
allocated according to the following table and subject to
section 7019 of the Act:
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Organizations/Programs Authority
------------------------------------------------------------------------
International Chemicals and Toxins Programs................ 3,175
International Civil Aviation Organization.................. 1,200
International Conservation Programs........................ 7,000
International Development Law Organization................. 400
International Maritime Organization........................ 325
Montreal Protocol Multilateral Fund........................ 32,000
Regional Cooperation Agreement on Combating Piracy and 50
Armed Robbery Against Ships in Asia.......................
UN Capital Development Fund................................ 1,100
UN Children's Fund......................................... 139,000
of which, Combating female genital mutilation programs... [5,000]
UN Democracy Fund.......................................... 3,500
UN Development Program..................................... 81,550
UN Environmental Programs.................................. 10,600
UN Intergovernmental Panel on Climate Change/ UN Framework 6,400
Convention on Climate Change..............................
UN High Commissioner for Human Rights...................... 14,500
of which, Honduras....................................... [1,000]
of which, Colombia....................................... [1,000]
of which, Guatemala...................................... [1,000]
UN Human Settlements Program............................... 700
UN Junior Professional Officer Program..................... 1,500
UN Office for the Coordination of Humanitarian Affairs..... 3,500
UN Office of the Special Coordinator on Improving the UN 1,500
Response to Sexual Exploitation and Abuse.................
UN Resident Coordinator System............................. 23,000
UN Special Representative of the Secretary-General for 1,750
Sexual Violence in Conflict...............................
UN Trust Fund to End Violence Against Women................ 1,500
UN Voluntary Fund for Technical Cooperation in the Field of 1,150
Human Rights..............................................
UN Voluntary Fund for Victims of Torture................... 8,000
UN Women................................................... 10,000
World Meteorological Organization.......................... 1,000
World Trade Organization Technical Assistance.............. 600
------------------------------------------------------------------------
Organization of American States.--The agreement includes
$5,000,000 under Economic Support Fund for the OAS for the
autonomous promotion and protection of human rights.
Posting of United Nations Voluntary Contributions.--The
Secretary of State shall continue to post on the Department of
State website in a timely manner United States voluntary
contributions under this heading that are provided to the UN
and its affiliated agencies.
International Financial Institutions
GLOBAL ENVIRONMENT FACILITY
The agreement includes $139,575,000 for Global Environment
Facility, including $136,563,000 for the third installment of
the seventh replenishment of the Global Environment Facility,
which if annualized over four years would equal $546,252,000.
CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION AND
DEVELOPMENT
The agreement includes $206,500,000 for Contribution to the
International Bank for Reconstruction and Development for the
second of six installments under the current general and
selective capital increases.
Report.--Not later than 90 days after enactment of the Act,
the Secretary of the Treasury shall submit a report to the
appropriate congressional committees on compliance with key
reform commitments under the 2018 World Bank capital agreement,
including Graduation Discussion Income.
Review.--Not later than 180 days after enactment of the
Act, the Secretary of the Treasury shall submit to the
Committees on Appropriations, the Senate Foreign Relations
Committee, and the House Committee on Financial Services a
review of amending the term length for the United States
Executive Director and the United States Alternate Executive
Director of the World Bank.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The agreement includes $1,421,275,728.70 for Limitation on
Callable Capital Subscriptions.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
The agreement includes $1,001,400,000 for Contribution to
the International Development Association.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
The agreement includes $47,395,000 for Contribution to the
Asian Development Fund.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
The agreement includes $54,648,752 for Contribution to the
African Development Bank.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The agreement includes $856,174,624 for Limitation on
Callable Capital Subscriptions.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
The agreement includes $171,300,000 for Contribution to the
African Development Fund.
CONTRIBUTION TO THE NORTH AMERICAN DEVELOPMENT BANK
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The agreement includes $1,020,000,000 for Limitation on
Callable Capital Subscriptions.
Cargo Capacity Expansion at Land Ports of Entry.--The North
American Development Bank is encouraged to expand commercial
cargo capacity along the United States-Mexico border,
addressing adverse economic and environmental impacts of
increased commercial traffic at ports of entry.
CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT
The agreement includes $32,500,000 for Contribution to the
International Fund for Agricultural Development.
Report.--The Secretary of the Treasury shall report to the
Committees on Appropriations on the status of funds not less
than quarterly until fully disbursed and shall provide a
timeline for the obligation and disbursement of any funds that
have not yet been obligated or disbursed.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
INSPECTOR GENERAL
The agreement includes $6,500,000 for Inspector General for
the Export-Import Bank of the United States, of which $975,000
may remain available until September 30, 2022.
ADMINISTRATIVE EXPENSES
The agreement includes $110,000,000 for Administrative
Expenses for the Export-Import Bank of the United States, of
which up to $16,500,000 may remain available until September
30, 2022.
Administratively Determined Pay.--The agreement restores
administratively determined pay authority, as provided prior to
fiscal year 2016, for the Export-Import Bank for the
recruitment and retention of employees with specialized
expertise.
Tied Aid.--Prior to the obligation of funds made available
for tied aid, the President of the Export-Import Bank shall
consult with the Committees on Appropriations on the proposed
uses of such funds.
UNITED STATES INTERNATIONAL DEVELOPMENT FINANCE CORPORATION
INSPECTOR GENERAL
The agreement includes $2,000,000 for Inspector General for
United States International Development Finance Corporation.
CORPORATE CAPITAL ACCOUNT
The agreement includes $569,000,000 for Corporate Capital
Account, including $119,000,000 for administrative expenses and
project-specific transaction costs as described in section
1434(k) of the BUILD Act of 2018 (division F of Public Law 115-
254) and $450,000,000 for programs, which may be paid to the
United States International Development Finance Corporation
Program Account.
American Universities Abroad.--The DFC shall continue to
engage American universities abroad, including the American
University of Beirut, the American University in Cairo, and the
American University of Afghanistan, on ways to mitigate the
impact of regional economic crises.
Assessment on Activities under the Defense Production
Act.--Prior to conducting the report on the Defense Production
Act of 1950 (DPA) as described in the House report, the
Comptroller General of the United States shall consult with the
Committees on Appropriations.
Latin America and the Caribbean.--The DFC shall expand
engagement in Latin America and the Caribbean that catalyzes
private sector investment in initiatives to increase
distributed energy generation systems, and expands economic
opportunities with partners in the region, including with
minority and women-owned businesses.
Operating Plan.--The operating plan required by section
7061(a) of the Act shall contain detailed information regarding
all funds available to the DFC in the current fiscal year,
including: (1) carryover; (2) funds transferred from other
Federal agencies; and (3) funds that are not allocated for
particular programs, projects, or activities. The DFC shall
also specify in the operating plan funds intended to be made
available for any overseas presence.
Prioritization for Development Impact.--The agreement
endorses the directive in the House report under this heading,
and the DFC CEO, in consultation with the Chief Development
Officer, shall report to the Committees on Appropriations on
the uses of funds to advance United States development
priorities and improve development impact, especially in lower-
and lower-middle income countries. Such uses shall include the
enhancement of public reporting mechanisms, in consultation
with local stakeholders, and efforts to strengthen impact
assessments to ensure compliance with applicable environmental
and social safeguards.
Reallocation of Funds.--Notifications submitted for funds
made available by the Act under this heading and under Program
Account shall, if applicable, include detailed information
regarding any such funds that were previously justified for a
different purpose.
Transactions under the Defense Production Act.--Prior to
conducting the report on the DPA as described in the House
report, the DFC CEO shall consult with the Committees on
Appropriations.
United States-Colombia Growth Initiative.--Not later than
45 days after enactment of the Act, and every 180 days
thereafter until September 30, 2022, the DFC CEO shall submit a
report to the appropriate congressional committees describing
and assessing the implementation and impact of the United
States-Colombia Growth Initiative, including the amounts
provided by the DFC and the Government of Colombia.
Women's Economic Empowerment.--The DFC shall maximize
women's economic empowerment and entrepreneurship, including
through support to minority and women-owned businesses.
PROGRAM ACCOUNT
The agreement includes up to $450,000,000 for Program
Account transferred from Corporate Capital Account.
TRADE AND DEVELOPMENT AGENCY
The agreement includes $79,500,000 for Trade and
Development Agency, including not more than $19,000,000 for
administrative expenses.
Digital Connectivity and Cybersecurity Partnership.--The
Trade and Development Agency shall support training of
technology professionals and officials, including from
developing countries, to advance the Digital Connectivity and
Cybersecurity Partnership.
TITLE VII
GENERAL PROVISIONS
The tables included under this title are subject to section
7019 of the Act. Certain countries receive additional
assistance under Global Health Programs that are not included
in such tables.
The following general provisions are contained in the Act.
Each is designated as unchanged, modified, or new as compared
to division G of Public Law 116-94:
Section 7001. Allowances and Differentials (unchanged)
Section 7002. Unobligated Balances Report (unchanged)
Not later than 45 days after enactment of the Act, the
Secretary of State shall submit a report to the Committees on
Appropriations detailing all funds appropriated in prior Acts
under Foreign Military Financing Program, or a predecessor
account, that have been obligated into the Foreign Military
Sales Trust Fund and are unallocated to a case as of the date
of enactment of the Act.
Section 7003. Consulting Services (unchanged)
Section 7004. Diplomatic Facilities (modified)
New Embassy and Consulate Compound Construction.--Not later
than 90 days after enactment of the Act, the Department of
State shall brief the Committees on Appropriations on steps
taken to expand opportunities for United States companies to
participate in Department of State construction projects
abroad.
Notification Requirements.--Notifications made pursuant to
subsection (c) shall include, at a minimum, the information
enumerated under Embassy Security, Construction, and
Maintenance in the House report and under such heading in this
explanatory statement.
Updated Reports for New Embassy and Consulate Compound
Construction.--The agreement endorses the directive concerning
section 7004(h) reports included under this section in the
House report. In addition, the Secretary of State shall include
in such reports the New Embassy Compound in Jerusalem, Israel.
Section 7005. Personnel Actions (unchanged)
Section 7006. Prohibition on Publicity or Propaganda (unchanged)
Section 7007. Prohibition Against Direct Funding for Certain Countries
(unchanged)
Section 7008. Coups d'etat (unchanged)
Restrictions applied pursuant to this section should allow
programs to continue that are delivered through NGOs and
provide essential services for the local population.
Section 7009. Transfer of Funds Authority (modified)
Section 7010. Prohibition and Limitation on Certain Expenses (modified)
Section 7011. Availability of Funds (modified)
Section 7012. Limitation on Assistance to Countries in Default
(unchanged)
Section 7013. Prohibition on Taxation of United States Assistance
(modified)
Not later than 90 days after enactment of the Act, the
Secretary of State shall submit the report required by section
7013(h) of division G of Public Law 116-94 to the Committees on
Appropriations.
Section 7014. Reservations of Funds (unchanged)
Section 7015. Notification Requirements (modified)
Reports on Funds Received from Foreign Governments.--The
reports required by subsection (l) shall include: (1) the
source and the amount of funds received; (2) the planned uses
of funds; and (3) any other terms associated with the funds,
including any commitments to the foreign government by the
United States Government regarding the use of funds.
Not later than 90 days after enactment of the Act, the
Secretary of State and USAID Administrator shall jointly submit
to the Committees on Appropriations a report detailing by
country, program, source, and amount, any funds provided by
foreign countries to be implemented by the Department of State
or USAID pursuant to sections 607 and 635(d) of the FAA, or any
other authority providing for the implementation by the
Department of State and USAID of foreign country funds, since
the submission of the report required under this heading in
Senate Report 116-126.
Section 7016. Document Requests, Records Management, and Related
Cybersecurity Protections (modified)
The Secretary of State and USAID Administrator, as
appropriate, shall update the reports required by section
7077(c)(3) of division K of Public Law 115-141 regarding: (1)
modifications and updates to, and compliance with, records
management regulations and policies; (2) implementation of OIG
recommendations; (3) efforts to reduce the backlog of Freedom
of Information Act (5 U.S.C. 552) requests; and (4) efforts to
strengthen cybersecurity measures.
Section 7017. Use of Funds in Contravention of this Act (unchanged)
Section 7018. Prohibition on Funding for Abortions and Involuntary
Sterilization (unchanged)
Section 7019. Allocations and Reports (modified)
Section 7020. Multi-Year Pledges (modified)
The requirements of this section apply regardless of
whether such pledge constitutes a binding commitment of
resources and irrespective of the source of funds intended to
support such pledge, including pledges for financing.
Section 7021. Prohibition on Assistance to Governments Supporting
International Terrorism (unchanged)
Section 7022. Authorization Requirements (unchanged)
Section 7023. Definition of Program, Project, and Activity (unchanged)
For purposes of the Act and Public Law 99-177 with respect
to appropriations contained in the Act, the term ``program,
project, and activity'' shall mean any item for which a dollar
amount is specified in the Act or in tables contained in this
explanatory statement.
Section 7024. Authorities for the Peace Corps, Inter-American
Foundation, and United States African Development Foundation
(unchanged)
Section 7025. Commerce, Trade and Surplus Commodities (unchanged)
Section 7026. Separate Accounts (unchanged)
Section 7027. Eligibility for Assistance (unchanged)
Section 7028. Local Competition (unchanged)
Section 7029. International Financial Institutions (modified)
Beneficial Ownership.--The Secretary of the Treasury shall
include in the report required by subsection (f) detailed
information regarding steps taken by the United States
executive director of each international financial institution
to improve the collection and publication of beneficial
ownership information.
Independent Evaluations.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to use the voice of the
United States to encourage such institutions to adopt and
implement a policy to conduct independent evaluations of at
least 35 percent of all loans, grants, programs, and non-
lending activities.
Violations of Human Rights.--Pursuant to subsection
(b)(2)(C), the Secretary of the Treasury shall instruct the
United States Executive Director of the International Bank for
Reconstruction and Development and the International
Development Association to use the voice and vote of the United
States to oppose loans or other financing for projects unless
such projects do not provide incentives for, or facilitate,
forced displacement or other violations of human rights.
Section 7030. Insecure Communications Networks (modified)
Digital Connectivity and Cybersecurity Partnership.--The
agreement includes not less than the fiscal year 2018 level for
the Digital Connectivity and Cybersecurity Partnership.
Section 889 Report.--Not later than 45 days after enactment
of the Act, the Secretary of State and USAID Administrator
shall each submit a report to the Committees on Appropriations
assessing the impact of section 889 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232) on Department of State and USAID programs and
operations.
Strategy Requirement.--Not later than 90 days after
enactment of the Act, the Secretary of State shall provide the
Committees on Appropriations with a comprehensive strategy to
mitigate the risks of working with countries that continue to
deploy PRC technology in their 5G infrastructure.
Section 7031.--Financial Management and Budget Transparency (modified)
Specific Cases.--The Secretary of State shall apply
subsection (c) to foreign government officials involved in
threatening, wrongfully imprisoning, or otherwise depriving of
liberty independent journalists who speak out or publish about
official corruption or other abuses, including Maria Ressa in
the Philippines and El Faro in El Salvador.
Successor Website.--The requirements of subsection (e)
should apply to ``ForeignAssistance.gov'' or any successor
public website providing comprehensive information on United
States foreign assistance.
Waiver.--The Secretary of State shall submit a written
notification to the appropriate congressional committees and
the Committees on the Judiciary not less than 5 days prior to
exercising the waiver authority provided in subsection (c)(3),
including the justification for each waiver.
Section 7032. Democracy Programs (modified)
The agreement includes a total of not less than
$2,417,000,000 for democracy programs under several accounts in
a manner similar to the prior fiscal year to strengthen
democracy abroad against rising authoritarianism and erosion of
the rule of law. Subsection (a)(2) designates not less than
$102,040,000 for DRL for certain countries and regional
programs. Such funds are allocated according to the following
table:
BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR, DEPARTMENT OF STATE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Economic Support Fund
Burma................................................. 4,000
Maldives.............................................. 500
Near East Regional Democracy.......................... 15,000
North Korea........................................... 4,000
People's Republic of China............................ 12,000
South Sudan........................................... 1,000
Sri Lanka............................................. 2,000
Sudan................................................. 1,000
Syria................................................. 11,000
Venezuela............................................. 10,000
Yemen................................................. 3,000
HRDF.................................................. 11,500
of which, implementation of the Indo-Pacific Strategy. [1,000]
Assistance for Europe, Eurasia and Central Asia.........
Europe and Eurasia.................................... 22,000
of which, Internet Freedom............................ [4,500]
Uzbekistan............................................ 3,000
------------------------------------------------------------------------
Attribution.--Funds made available by the Act for democracy
programs are not intended for attribution to other sector or
program directives included in the Act or this explanatory
statement.
Consortium for Elections and Political Process
Strengthening (CEPPS).--The agreement includes funds at not
less than the prior fiscal year level for CEPPS. The USAID
Administrator is directed to ensure that the follow-on
solicitation encourages consortia applicants and that the award
is made to an organization or consortium that meets the
following criteria: (1) history of quality past performance;
(2) demonstrated institutional capabilities and expertise in
democracy, elections, and quick response to political crises;
and (3) worldwide geographic reach including in non-permissive
environments.
Independent Media and Internet Freedom Programs.--The
agreement includes funds at not less than the prior fiscal year
level for programs to support independent media and Internet
freedom, including in Afghanistan, Burma, the Philippines,
Egypt, Ukraine, and countries in Central America and Africa.
Program Changes.--The Secretary of State or USAID
Administrator, as appropriate, shall follow the directive under
this heading in Senate Report 116-126 in the manner described.
Protection of Civil Society Activists and Journalists.--Not
later than 90 days after enactment of the Act, the Secretary of
State shall submit an update of the action plan required by
section 7032(i) of division K of Public Law 115-141 to the
Committees on Appropriations. The updated plan shall include
details regarding Department of State programs to support the
work of civil society activists and journalists and to provide
assistance when such individuals are under threat, including
specific processes by which such individuals can request
assistance from United States embassies. The plan shall also
summarize internal protocols and training with all relevant
Federal agencies on the protection of such individuals, to
include strengthening interagency data-sharing on reprisals
against such individuals on a regular and timely basis. The
Secretary shall also include in the annual Country Reports on
Human Rights Practices information on the intimidation of, and
attacks against, such individuals and the response of the
foreign government.
Not later than 90 days after enactment of the Act, the
Assistant Secretary for Democracy, Human Rights, and Labor
shall consult with the Committees on Appropriations and
relevant stakeholders on the planned uses of funds made
available under subsection (j). For the purposes of this
subsection, civil society activists shall include human rights
and indigenous rights defenders, and environmental activists.
Responsibility.--The Assistant Secretary for Democracy,
Human Rights, and Labor shall be responsible for deciding the
uses of funds appropriated by the Act for democracy programs
administered by the Department of State, except for such funds
provided to the NED.
Section 7033. International Religious Freedom (modified)
The agreement includes not less than $10,000,000 under
Economic Support Fund for programs to protect and investigate
the persecution of religious minorities, and not less than
$10,000,000 for international religious freedom programs under
Democracy Fund.
Countries of Particular Concern.--The Secretary of State
shall inform the appropriate congressional committees of the
rationale if the USCIRF recommends the designation of a country
as a country of particular concern in its annual report, and
the Department of State does not designate such country within
30 days of such a decision.
Curriculum Report.--Not later than 45 days after enactment
of the Act, the Secretary of State shall submit a report to the
Committees on Appropriations on the implementation of human
rights training for all Foreign Service Officers and the
development of the curriculum required under section 103 of the
Frank R. Wolf International Religious Freedom Act (Public Law
114-281).
Expansion of Activities Report.--Not later than 90 days
after enactment of the Act and following consultation with the
Committees on Appropriations, the Secretary of State shall
submit a report to such Committees assessing efforts and
opportunities to expand international religious freedom
programs, as described in the House report, including through
innovative activities that bring together individuals' voices
from diverse religions and beliefs.
Persecution of Muslims in Xinjiang, People's Republic of
China.--The United States Ambassador-at-Large for International
Religious Freedom shall consult with the Committees on
Appropriations on the response to the persecution of Muslims in
Xinjiang, PRC.
Section 7034. Special Provisions (modified)
Beneficiary Feedback.--Not later than 45 days after
enactment of the Act, the Secretary of State and USAID
Administrator shall jointly submit an updated report to the
Committees on Appropriations on the implementation of
subsection (m)(1), which shall include a description of how:
(1) the Department of State and USAID ensure that implementing
partners establish effective procedures for regularly and
systematically collecting and responding to feedback from
beneficiaries; and (2) oversight is regularly conducted to
ensure such feedback is collected and used to maximize the
impact of United States foreign assistance, consistent with the
requirements of such section.
Exchange Visitor Program Clarification.--For purposes of
subsection (e)(6), the term ``modify'' means any executive
action that changes the number, origin, or eligibility of
program participants during any 60 day period, or that
otherwise changes the manner in which the program is
implemented, including the suspension of visas.
Ex-Post Evaluations.--In addition to funds otherwise made
available for monitoring and evaluation, the agreement includes
additional funds to be used for ex-post evaluations of the
sustainability of United States Government-funded assistance
programs. Not later than 60 days after enactment of the Act,
the Secretary of State and USAID Administrator shall jointly
consult with the Committees on Appropriations on the
development of a plan for the use of such funds across multiple
sectors. Such plan shall be submitted to such Committees not
later than 120 days after enactment of the Act and shall
include: (1) a timeline for implementing ex-post evaluations
with such funds; (2) steps that will be taken to incorporate
ex-post evaluation criteria in future project design, as
appropriate; (3) a description of which sectors and countries
will be selected for such ex-post evaluations, including the
criteria for selection; and (4) a description of the manner in
which such ex-post evaluations will be conducted.
Forensic Assistance.--Subsection (b)(1) provides not less
than $15,500,000, in addition to other funds in the Act that
are available for assistance for countries, for forensic
anthropology assistance in countries where large numbers of
people were killed or forcibly disappeared and are presumed
dead as a result of armed conflict or crimes against humanity.
Loan Guarantees.--Not later than 90 days after enactment of
the Act and following consultation with the Committees on
Appropriations, the Secretary of State, USAID Administrator,
Secretary of the Treasury, and DFC CEO shall jointly submit a
report to the appropriate congressional committees detailing
the current management of the Sovereign Loan Guarantee
portfolio and financial exposure, including any duplication or
financial management challenges, and the impact on each agency
of a decision to transfer the portfolio in full to such agency,
including any additional resources or legislative fixes
required.
Protections and Remedies for Employees of Diplomatic
Missions and International Organizations.--For purposes of
implementing section 203(a)(2) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008
(Public Law 110-457), the Secretary of State shall consider the
following as sufficient to determine that a diplomatic mission
``tolerated such actions'': (1) the failure to provide a
replacement passport within a reasonable period of time to a T-
visa recipient; (2) the existence of multiple concurrent civil
suits against members of the diplomatic mission; or (3) the
failure to satisfy a civil judgment against an employee of the
diplomatic mission.
Report on Grants, Contracts, and Implementers.--The
Secretary of State and USAID Administrator shall each update
the report required under this heading in Senate Report 116-126
in the manner described, except such report shall include
information on fiscal year 2020 funds.
Section 7035. Law Enforcement and Security (modified)
Combat Casualty Care Assistance and Report.--The agreement
includes funding for combat casualty care under Peacekeeping
Operations and Foreign Military Financing Program at not less
than the prior fiscal year, and the Secretary of State should
endeavor to expand the program in fiscal year 2021. The
Secretary shall also update the report required under this
heading in section 7039 of Senate Report 116-126, except that
the reporting period shall cover fiscal year 2020.
Foreign Military Training Report.--The report required by
section 656 of the FAA should include units of operation of
military personnel who receive training, which shall be
specified at the battalion or equivalent level.
Public Disclosure.--For purposes of subsection (b)(6), the
term ``in the national security interest'' means disclosure
would endanger the safety of human sources, reveal sensitive
intelligence sources and methods, or impede an important United
States law enforcement objective.
Reports Continued.--The Secretary of State shall submit the
report on security assistance required by section 7035(d)(1) of
division G of Public Law 116-94 in the manner described, except
such report shall include funds obligated and expended during
fiscal year 2020.
The Secretary of State shall submit the report on vetting
required by section 7049(d)(3) of division F of Public Law 116-
6 in the manner described.
Training Related to International Humanitarian Law.--Not
later than 90 days after enactment of the Act and following
consultation with the Committees on Appropriations, the
Secretary of State shall submit a report to such Committees on
the implementation of section 7035(a)(4) of division G of
Public Law 116-94. Such report shall include the amount of
funds made available by country under Peacekeeping Operations
and Foreign Military Financing Program for such purpose in the
previous fiscal year.
Section 7036. Arab League Boycott of Israel (unchanged)
Section 7037. Palestinian Statehood (unchanged)
Section 7038. Prohibition on Assistance to the Palestinian Broadcasting
Corporation (unchanged)
Section 7039. Assistance for the West Bank and Gaza (unchanged)
Section 7040. Limitation on Assistance for the Palestinian Authority
(unchanged)
Section 7041. Middle East and North Africa (modified)
Egypt.--Funds for Egypt are allocated according to the
following table:
EGYPT
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Economic Support Fund................................... 125,000
Nonproliferation, Anti-terrorism, Demining and Related 3,000
Programs...............................................
International Military Education and Training........... 1,800
Foreign Military Financing Program...................... 1,300,000
------------------------------------------------------------------------
The agreement includes $1,431,800,000 for assistance for
Egypt, including $2,000,000 under International Narcotics
Control and Law Enforcement. The agreement endorses the House
report language on security of energy infrastructure (including
the gas pipeline) and emphasizes support for democracy programs
and development programs in the Sinai, particularly for Bedouin
communities, consistent with prior year levels.
The reporting requirement under the heading Certification
under section 7031 in Senate Report 116-126 shall remain in
effect during fiscal year 2021.
Iran Counterinfluence Programs.--The Secretary of State, in
consultation with the heads of other relevant Federal agencies,
shall coordinate Iran counterinfluence programs funded by the
Act. Such programs should: (1) counter the false assertions
made by the Government of Iran against the United States and
other democratic countries; (2) describe the support Iran
provides to terrorist or extremist proxies; and (3) assess and
describe the adverse impacts such support causes to the people
of Syria, Yemen, Lebanon, and other areas where Iran operates.
Iran Reports.--Not later than 180 days after enactment of
the Act, the Secretary of State shall update the report
required under this heading in Senate Report 116-126 in the
manner described.
Iraq.--Funds for Iraq are allocated according to the
following table:
IRAQ
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Economic Support Fund................................... 150,000
Justice sector initiatives............................ [2,500]
Marla Ruzicka Iraqi War Victims Fund.................. [7,500]
Scholarships.......................................... [10,000]
International Narcotics Control and Law Enforcement..... 5,600
Nonproliferation, Anti-terrorism, Demining and Related 47,510
Programs...............................................
International Military Education and Training........... 1,000
Foreign Military Financing Program...................... 250,000
------------------------------------------------------------------------
The agreement includes $2,500,000 under International
Narcotics Control and Law Enforcement, in addition to funds
made available under Economic Support Fund, to support the
Iraqi justice sector, including to combat corruption,
strengthen adherence to international standards of due process,
improve juvenile justice, protect the rights of prisoners, and
support civil society engagement with the judiciary. Such funds
shall be made available following consultation with the
Committees on Appropriations.
Not later than 180 days after enactment of the Act, the
Secretary of State shall provide to the appropriate
congressional committees a comprehensive strategy, developed in
coordination with the Government of Iraq (including the
Kurdistan Region of Iraq) and Iraqi civil society, to stabilize
and rebuild critical institutions and infrastructure and
respond to the heightening tensions with Iran. The strategy
shall also support: (1) social cohesion across Iraq; (2)
educational, economic, and civic engagement opportunities for
Iraqi youth; (3) mental health and psycho-social services for
those severely impacted by conflict; (4) improvements in the
delivery of public services, including access to clean water
and sanitation; and (5) representative, inclusive, responsive,
and accountable government institutions.
Jordan.--In addition to the amounts designated in the Act
for Foreign Military Financing Program, the agreement includes
not less than the following amounts for assistance for Jordan:
$85,000,000 under Development Assistance; $1,122,400,000 under
Economic Support Fund; $13,600,000 under Nonproliferation,
Anti-terrorism, Demining and Related Programs; and $4,000,000
under International Military Education and Training.
The Department of State and USAID, in consultation with the
Government of Jordan, should prioritize funding made available
by the Act to improve Jordan's ability to deliver essential
services in the education, energy, health, and water sectors.
Lebanon.--The agreement includes assistance for Lebanon at
levels consistent with prior fiscal years. The Secretary of
State shall submit the report required under this heading in
the House report in the manner described.
The Secretary of State and USAID Administrator shall
increase humanitarian assistance, primarily through local NGOs,
to help communities impacted by the port explosion on August 4,
2020.
The agreement includes funds to support programs to
facilitate the resolution of border disputes between Lebanon
and Israel. Not later than 90 days after enactment of the Act,
the Secretary of State shall submit a report to the Committees
on Appropriations on steps taken during the prior year to
resolve such disputes.
Libya.--The agreement includes not less than $30,000,000
under titles III and IV of the Act for stabilization assistance
for Libya, including support for a United Nations-facilitated
political process and border security.
Morocco.--Funds for Morocco are allocated according to the
following table:
MOROCCO
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Development Assistance..................................... 10,000
Economic Support Fund...................................... 10,000
International Narcotics Control and Law Enforcement........ 5,000
Nonproliferation, Anti-terrorism, Demining and Related 4,000
Programs..................................................
International Military Education and Training.............. 2,000
Foreign Military Financing Program......................... 10,000
------------------------------------------------------------------------
Syria.--The safety of Syrian refugees and the delivery of
humanitarian and other foreign assistance in areas of Syria not
under the Assad regime's control remain major concerns. The
agreement includes non-lethal stabilization assistance for
Syria, which shall also be made available in Deir ez-Zor.
Tunisia.--The agreement includes not less than $191,400,000
for assistance for Tunisia. Funds are allocated according to
the following table:
TUNISIA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Development Assistance.................................. 45,000
Economic Support Fund................................... 40,000
International Narcotics Control and Law Enforcement..... 13,000
Nonproliferation, Anti-terrorism, Demining and Related 6,100
Programs...............................................
International Military Education and Training........... 2,300
Foreign Military Financing Program...................... 85,000
------------------------------------------------------------------------
Subsection (j) makes an additional $50,000,000 available
for assistance for Tunisia from prior year Economic Support
Fund.
West Bank and Gaza.--The agreement includes $75,000,000
under International Narcotics Control and Law Enforcement for
security assistance programs for the West Bank and $75,000,000
under Economic Support Fund for the humanitarian and
development needs of the Palestinian people in the West Bank
and Gaza.
Yemen.--The agreement includes $37,000,000 under title III
and under International Narcotics Control and Law Enforcement
and Nonproliferation, Anti-terrorism, Demining and Related
Programs for health, humanitarian, and stabilization assistance
for Yemen.
Section 7042. Africa (modified)
Cameroon.--Not later than 90 days after enactment of the
Act, and every 90 days thereafter until September 30, 2021, the
Secretary of State shall submit a report to the appropriate
congressional committees on the status of investigations
conducted by the Government of Cameroon of security force
personnel who have been credibly alleged to have committed,
ordered, or covered up gross violations of human rights, and
include in the reports a list of armed forces units that have
been denied assistance pursuant to section 620M of the FAA or
section 362 of title 10, United States Code. The Secretary
shall also apply sanctions, as provided by law, against
Cameroonian officials involved, directly or indirectly, in such
crimes. Not later than 90 days after enactment of the Act, the
Secretary shall consult with such committees on the intended
uses of funds made available by the Act for Cameroon and on the
application of such sanctions.
Democratic Republic of Congo Virunga National Park.--The
agreement includes $2,000,000 under International Narcotics
Control and Law Enforcement for equipment and technical
training to bolster security in Virunga National Park,
including against illegal armed groups.
Report on Terrain Hotel Attack.--Not later than 45 days
after enactment of the Act, the Secretary of State shall submit
a report to the appropriate congressional committees on steps
taken, and planned to be taken, by the Governments of the
United States and South Sudan to obtain justice and fair
compensation for the victims of the attack on the Terrain Hotel
on July 11, 2016.
Sahel Assistance.--The agreement includes funds at not less
than prior fiscal year levels for assistance for countries in
the Sahel under titles III and IV of the Act.
Sahel Report.--Not later than 90 days after enactment of
the Act, the Secretary of State, in consultation with the heads
of other relevant Federal agencies, shall update the report
required under the Report on Sub-Saharan Security Programs
heading under section 7039 of Senate Report 116-126.
Sahel Violations of Human Rights.--Not later than 60 days
after enactment of the Act, the Secretary of State shall submit
a report to the Committees on Appropriations on the status of
investigations of security force personnel and those associated
with them who are implicated in gross violations of human
rights and the intended uses of funds made available under
title IV of the Act and prior Acts for assistance for such
governments.
South Sudan Basic Education Programs.--Not later than 90
days after enactment of the Act, the USAID Administrator shall
consult with the Committees on Appropriations on basic
education programs for South Sudan.
Section 7043. East Asia and the Pacific (modified)
Burma.--The agreement includes not less than $134,950,000
under title III and under International Narcotics Control and
Law Enforcement of the Act for assistance for Burma. Funds are
allocated according to the following table:
BURMA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Development Assistance.................................. 30,000
Higher education programs............................. [10,000]
Economic Support Fund................................... 65,000
Documentation of human rights violations.............. [3,750]
International Narcotics Control and Law Enforcement..... 3,500
------------------------------------------------------------------------
In addition to other programs, funds provided for
assistance for Burma shall be made available to: (1) promote
rural economic development including through microfinance
programs; (2) increase opportunities for foreign direct
investment by strengthening the rule of law, transparency, and
accountability; and (3) investigate and document allegations of
ethnic cleansing and other gross human rights violations in
Burma.
Not later than 90 days after enactment of the Act, the
Secretary of State shall submit a report to the appropriate
congressional committees detailing actions taken by the
International Criminal Court to investigate and prosecute those
responsible within the armed forces of Burma for alleged crimes
against humanity committed against the Rohingya population in
Burma and Bangladesh.
The World Bank should not support programs in Rakhine State
until security and stability are restored, and Rohingya
refugees and internally displaced persons return to their homes
free from fear of violence and discrimination. The United
States Executive Director to the World Bank shall oppose such
programs until such conditions exist.
Cambodia.--The agreement includes not less than $85,505,000
under title III of the Act for assistance for Cambodia. No
funds were requested, and none are provided in the agreement
for assistance for Cambodia under International Military
Education and Training and Foreign Military Financing Program.
For purposes of the certification required under subsection
(b)(2)(A)(iii), the term ``political opposition'' means the
Cambodia National Rescue Party and other political parties
either outlawed or harassed by the Government of Cambodia.
Funds are allocated according to the following table:
CAMBODIA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Development Assistance.................................. 58,000
Environment programs.................................. [10,000]
Democracy programs.................................... [23,000]
Youth empowerment and countering People's Republic of [5,000]
China influence......................................
Democracy Fund, Department of State..................... 3,000
Nonproliferation, Anti-terrorism, Demining and Related 7,000
Programs...............................................
------------------------------------------------------------------------
The Secretary of State shall continue to seek reimbursement
for costs incurred in support of the Extraordinary Chambers in
the Court of Cambodia. Not later than 45 days after enactment
of the Act, the Secretary of State shall report to the
Committees on Appropriations on actions taken during the
previous fiscal year to secure such reimbursement.
The agreement includes funds for research and education
programs associated with the Khmer Rouge genocide in Cambodia,
including the support of the PRC for the Khmer Rouge regime.
The agreement includes funds additional to the prior fiscal
year under Global Health Programs for Cambodia to increase
access to health and social services for survivors of the Khmer
Rouge.
Indonesia.--Funds are allocated according to the following
table:
INDONESIA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Development Assistance.................................. 63,000
International Narcotics Control and Law Enforcement..... 10,625
Nonproliferation, Anti-terrorism, Demining and Related 6,000
Programs...............................................
International Military Education and Training........... 2,650
Foreign Military Financing Program...................... 14,000
------------------------------------------------------------------------
Indo-Pacific Strategy and the Asia Reassurance Initiative
Act of 2018.--The agreement includes not less than
$1,482,000,000 under titles III and IV of the Act to support
the implementation of the Indo-Pacific Strategy and Public Law
115-409.
Countering Chinese Influence Fund.--The agreement includes
not less than $300,000,000 for the Countering Chinese Influence
Fund (CCIF). Funds are allocated according to the following
table:
COUNTERING CHINESE INFLUENCE FUND
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Development Assistance.................................. 75,000
Economic Support Fund................................... 80,000
Technical advisory programs in Vietnam and Pacific [1,500]
island countries.....................................
International Narcotics Control and Law Enforcement..... 70,000
Nonproliferation, Anti-terrorism, Demining and Related 25,000
Programs...............................................
Foreign Military Financing Program...................... 50,000
------------------------------------------------------------------------
Not later than 90 days after enactment of the Act, the
Secretary of State shall submit a report to the Committees on
Appropriations on all obligations of funds from the CCIF. Such
report shall include obligations by fiscal year, country, and
activity, and be updated quarterly until September 30, 2021.
The USAID Administrator shall consult with the Committees
on Appropriations prior to obligating funds for the technical
advisory programs in Vietnam and Pacific island countries,
which shall be on issues mutually agreed upon by the United
States Government and the respective governments of such
countries and made available through an open and competitive
process to an American educational institution.
Laos.--The agreement includes not less than $80,930,000
under titles III and IV of the Act for assistance for Laos.
The agreement includes not less than $7,500,000 for
maternal and child health and nutrition programs for Laos under
Global Health Programs.
North Korea.--The agreement includes funding to continue to
maintain a database of prisons and gulags in North Korea, in
accordance with section 7032(i) of division K of Public Law
113-76.
The agreement includes $5,000,000 for the promotion of
human rights in North Korea.
People's Republic of China.--The agreement includes not
less than $3,000,000 under Democracy Fund for democracy
programs in Hong Kong.
Not later than 90 days after enactment of the Act, the
Secretary of State shall submit a report to the Committees on
Appropriations describing the PRC's malign influence activities
in Burma, Cambodia, and Laos in fiscal year 2020. The report
shall also include specific recommendations for a United
States-led regional response should the PRC establish a
military presence at Ream Naval Base, Cambodia.
The Department of State shall continue to pursue the
establishment of a consulate in Lhasa to provide services to
United States citizens traveling in Tibet and to monitor
political, economic, and cultural developments in the Tibet
Autonomous Region. Until such consulate is established, the
Department of State should not permit the establishment in the
United States of any additional PRC consulate.
For purposes of the 653(a) report, spend plans, and
notifications, the Department of State and USAID shall
differentiate assistance made available by the Act for
assistance for Tibet from any such assistance made available
for the PRC, India, and Nepal.
Not later than 180 days after enactment of the Act, the
Secretary of State, in consultation with the heads of other
relevant Federal agencies, shall submit to the appropriate
congressional committees an unclassified report on PRC and
Chinese Communist Party disinformation, press manipulation,
economic coercion, and influence operation campaigns with
respect to the United States. The Secretary of State shall
consult with the Committees on Appropriations on the format and
details of such report.
Subsection (f)(3)(C) requires the Secretary of State to
include in the annual report required under section 301 of the
United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5731) the
information described in section 7043(f)(4)(B) of division G of
Public Law 116-94. The report shall also include: (1) the
information described under the Hong Kong heading in section
7043 of Senate Report 115-282; (2) actions taken by the
Government of the PRC and the Hong Kong authorities to
implement the decision approved by the National People's
Congress on May 28, 2020 for the Hong Kong Special
Administrative Region; and (3) actions to modify Hong Kong's
existing judicial systems and enforcement mechanisms in order
to erode democratic rights and civil liberties protected under
Hong Kong Basic Law.
The Secretary of State shall submit the reports required by
sections 7(a) and 8(a) of the Hong Kong Human Rights and
Democracy Act of 2019 (Public Law 116-76) to the Committees on
Appropriations.
Not later than 180 days after enactment of the Act, the
Secretary of State, in consultation with the USAID
Administrator, the Director of National Intelligence, and the
heads of other relevant Federal agencies, shall submit a report
to the appropriate congressional committees on how changing
water flows of the Mekong River and the Tibetan Plateau
watershed impact the political and economic stability of the
Lower Mekong countries.
Not later than 90 days after enactment of the Act, the
Secretary of State shall submit to the appropriate
congressional committees an update to the report required under
the heading People's Republic of China Access Report in Senate
Report 115-282.
Pursuant to subsection (f)(4), not later than 90 days after
enactment of the Act, the Secretary of State shall submit to
the appropriate congressional committees a determination with
respect to whether the systematic and widespread persecution of
Uyghurs, Kazakhs, Kyrgyz, and members of other Muslim minority
groups in the Xinjiang Uyghur Autonomous Region by the PRC
constitutes an atrocity within the definitions of section 6 of
the Elie Wiesel Genocide and Atrocities Prevention Act of 2018
(Public Law 115-441; 22 U.S.C. 2656 note).
Philippines.--Not later than 60 days after enactment of the
Act, the Secretary of State shall update the report required
under this heading in Senate Report 116-126.
Regional Development Mission for Asia.--The agreement
includes not less than $21,000,000 for USAID Regional
Development Mission for Asia.
Thailand.--The agreement includes not less than $11,100,000
for assistance for Thailand, as follows: $2,000,000 under
Development Assistance; $5,000,000 under Economic Support Fund,
of which $4,000,000 is for democracy and reconciliation
programs; $2,000,000 under International Narcotics Control and
Law Enforcement; and $2,100,000 under Nonproliferation, Anti-
terrorism, Demining and Related Programs. In addition, funds
appropriated by the Act under International Military Education
and Training and Foreign Military Financing Program may be made
available for assistance for Thailand.
Tibet.--Funds made available by the Act for assistance for
Tibet shall be made available to establish and maintain a
digital library and archive for Tibetan cultural resources,
following consultation with the Committees on Appropriations.
Timor-Leste.--Funds are allocated according to the
following table:
TIMOR-LESTE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Development Assistance..................................... 16,000
International Narcotics Control and Law Enforcement........ 800
International Military Education and Training.............. 400
------------------------------------------------------------------------
Vietnam.--The agreement includes not less than $169,739,000
for assistance for Vietnam. Funds are allocated according to
the following table:
VIETNAM
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Development Assistance.................................. 65,000
Vietnam Education Foundation Act of 2000.............. [7,000]
Other higher education assistance..................... [3,000]
Economic Support Fund................................... 30,000
International Narcotics Control and Law Enforcement..... 6,000
Nonproliferation, Anti-terrorism, Demining and Related 17,500
Programs...............................................
Humanitarian demining................................. [17,500]
International Military Education and Training........... 2,000
Foreign Military Financing Program...................... 12,000
------------------------------------------------------------------------
Funds for health/disability programs should be provided, to
the maximum extent practicable, through local Vietnamese
organizations.
The agreement includes $2,500,000 to strengthen Vietnam's
capacity to conduct DNA analysis and otherwise assist in
locating and identifying Vietnamese listed as missing in
action, which may include the collection of oral histories and
digital archiving. The USAID Administrator shall consult with
the Committees on Appropriations on the planned uses of funds.
Section 7044. South and Central Asia (modified)
Afghanistan.--For purposes of subsection (a)(4)(A), the
President shall submit to the appropriate congressional
committees a copy of any written agreement or arrangement
between the United States Government and the Taliban, and a
transcript of any such verbal agreement or arrangement,
including amendments thereto.
The agreement includes not less than $40,000,000 for
democracy programs for Afghanistan under Economic Support Fund,
which shall be made available to continue democracy programs,
including for activities supporting electoral assistance before
and during the implementation of a peace agreement.
Not later than 60 days after enactment of the Act and prior
to the initial obligation of such funds, the Secretary of State
and the USAID Administrator shall consult with the Committees
on Appropriations on the establishment of an endowment for
higher education institutions.
The Secretary of State and USAID Administrator should
include in any peace process planning a requirement for
humanitarian assistance to maintain and create conditions for
the successful implementation of a peace agreement.
Not later than 90 days after enactment of the Act, the
Secretary of State shall submit a report to the Committees on
Appropriations that includes a detailed description of United
States Government advocacy for: (1) the inclusion of Afghan
women in ongoing and future negotiations to end the conflict in
Afghanistan; and (2) support for the inclusion of
constitutional protections of women's and girl's human rights
that ensure their freedom of movement, rights to education and
employment, political participation, and access to healthcare
and justice in any agreement reached through intra-Afghan
negotiations, including negotiations with the Taliban.
Bangladesh.--The agreement does not support the forced
relocation of Rohingya refugees to Bhasan Char and prohibits
the use of funds to support such a policy.
Civilian Assistance Programs.--Prior to the obligation of
funds for the Afghan Civilian Assistance Program and the
Pakistan Civilian Assistance Program, the USAID Administrator
shall consult with the Committees on Appropriations on the
planned uses of such funds.
India.--The Secretary of State should engage the Government
of India on increasing education, economic development, and
justice strengthening programs to address racial and ethnic
discrimination, human rights violations, and poverty in
northeastern India.
Sri Lanka.--Not later than 90 days after enactment of the
Act, the Secretary of State shall update the report required
under this heading in Senate Report 116-126.
Section 7045. Latin America and the Caribbean (modified)
Bolivia.--No funds were requested and none are provided in
the agreement for lethal assistance for Bolivia.
Central America.--Subsection (a)(1) provides that
$505,925,000 should be made available for assistance for
Belize, Costa Rica, El Salvador, Guatemala, Honduras,
Nicaragua, and Panama, including through the Central America
Regional Security Initiative.
Funds for assistance for Central America are allocated
according to the following table:
CENTRAL AMERICA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Development Assistance:
El Salvador........................................... 70,000
National Commission for the Search of Persons [1,000]
Disappeared in the Context of the Armed Conflict.....
Guatemala........................................... 65,650
Honduras............................................ 65,000
Nicaragua........................................... 10,000
Democracy and Rule of Law........................... [10,000]
USAID Central America Regional...................... 5,000
------------------------------------------------------------------------
Subtotal, Development Assistance.................... 215,650
Economic Support Fund:
State Western Hemisphere Regional
Central America Regional Security Initiative........ 101,040
------------------------------------------------------------------------
Subtotal, Economic Support Fund..................... 101,040
------------------------------------------------------------------------
Sexual and Gender-Based Violence (non-add from title [25,000]
III).................................................
Inter-American Foundation............................... 10,000
International Narcotics Control and Law Enforcement:
State Western Hemisphere Regional
Central America Regional Security Initiative.......... 155,000
Offices of Attorneys General and other entities and [45,000]
activities to combat corruption and impunity.........
Costa Rica............................................ [32,500]
------------------------------------------------------------------------
Subtotal, International Narcotics Control and Law 155,000
Enforcement........................................
------------------------------------------------------------------------
Subtotal--Central America Regional Security Initiative 256,040
(non-add)............................................
------------------------------------------------------------------------
Nonproliferation, Antiterrorism, Demining and Related
Programs:..............................................
Panama................................................ 500
------------------------------------------------------------------------
Subtotal, Nonproliferation, Antiterrorism, Demining 500
and Related Program................................
------------------------------------------------------------------------
International Military Education and Training:
Costa Rica............................................ 725
Other Central America................................. 3,110
------------------------------------------------------------------------
Subtotal, International Military Education and 3,835
Training...........................................
------------------------------------------------------------------------
Foreign Military Financing Program:
Costa Rica............................................ 7,500
Other Central America................................. 12,400
------------------------------------------------------------------------
Subtotal, Foreign Military Financing Program........ 19,900
------------------------------------------------------------------------
Chixoy Reparations Plan.--The Government of Guatemala
should fulfill its commitment under the financing agreement for
the Chixoy Reparations Plan in a timely manner.
Corruption and Impunity.--The agreement includes not less
than $45,000,000 for support of Offices of Attorneys General
and other entities and activities to combat corruption and
impunity, as described under the Central America heading in
this section of the House report, including not less than
$10,000,000 to be provided through USAID to civil society
organizations. The Secretary of State and USAID Administrator
shall consult with the Committees on Appropriations on the
directives contained in this paragraph prior to submission of
the Central America spend plan required by section 7061(b) of
the Act.
Corrupt Officials.--In complying with the report directive
contained under this section in the House report, the Secretary
of State shall construe the term ``who are known'' to include
those for whom the Secretary has credible information have
committed the acts described in such directive.
Costa Rica.--The agreement includes $40,725,000 for
assistance for Costa Rica. The Secretary of State shall submit
the report required by section 7045(a)(3) of the House bill in
the manner directed, except that the first proviso of such
section shall not apply.
Disaster Relief.--Not later than 45 days after enactment of
the Act the USAID Administrator shall brief the Committees on
Appropriations on humanitarian assistance provided to countries
in Central America impacted by Hurricanes Eta and Iota. Such
briefing shall also include a summary of completed need
assessments and future plans for assistance.
El Mozote Massacre.--The agreement endorses the directives
related to the El Mozote massacre under the El Salvador heading
in this section of the House report, except that the report
described shall be submitted not later than 60 days after
enactment of the Act.
Sexual and Gender-Based Violence (SGBV).--The agreement
includes $25,000,000 for programs in Guatemala, Honduras, and
El Salvador to implement national SGBV prevention strategies in
fiscal year 2021 as described under the Central America heading
in this section of the House report. Not later than 120 days
after enactment of the Act the Secretary of State, in
consultation with the USAID Administrator, shall submit a
report to the Committees on Appropriations on the
implementation of the national SGBV prevention strategies in
such countries.
Spend Plans.--The agreement endorses the spend plan
directives included under the Central America heading in this
section of the House report.
Uses of Funds.--In addition to the uses of funds described
under subsection (a) and under the Central America heading in
the House report, funds made available for assistance for the
countries of the Northern Triangle should be made available for
programs that: (1) increase the productivity in targeted
economic sectors in which each country could be regionally or
globally competitive, consistent with United States law; (2)
reduce trade barriers regionally and with the United States;
(3) enhance infrastructure at key border crossings in order to
facilitate trade regionally and with the United States; (4)
provide technical assistance to increase economic growth and
attract foreign investment, including by implementing legal,
regulatory, and economic reforms; and (5) provide technical
assistance to increase the collection of taxes.
Colombia.--Subsection (b)(1) provides not less than
$461,375,000 for assistance for Colombia. Funds are allocated
according to the following table:
COLOMBIA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Development Assistance.................................. 70,000
Economic Support Fund................................... 141,000
Afro-Colombian and indigenous communities............. 20,000
Human rights.......................................... 10,000
International Narcotics Control and Law Enforcement..... 189,000
Rule of Law and Human Rights.......................... 36,000
of which, Justice Sector Institutional Strengthening [19,000]
and Reform...........................................
Nonproliferation, Anti-terrorism, Demining and Related 21,000
Programs...............................................
International Military Education and Training........... 1,850
Foreign Military Financing Program...................... 38,525
Biodiversity.......................................... [11,500]
------------------------------------------------------------------------
Demobilized Combatants.--The agreement supports programs to
reintegrate demobilized combatants into civilian pursuits,
consistent with United States and Colombian law.
Illegal Surveillance.--Not later than 60 days after
enactment of the Act, the Secretary of State shall submit a
report to the Committees on Appropriations on actions taken by
the Government of Colombia to investigate unlawful surveillance
of journalists, civil society, opposition politicians, and
members of the judiciary by the armed forces and Colombian
intelligence agencies since the beginning of Plan Colombia, and
to bring to justice those responsible for ordering, carrying
out, and covering up any such crimes. Such report shall be
submitted in unclassified form but may have a classified annex.
Limitation.--None of the funds appropriated by the Act or
prior Acts for assistance for Colombia may be made available
for entities that are designated as foreign terrorist
organizations pursuant to section 219 of the Immigration and
Nationality Act.
Cuba.--The Secretary of State shall update the reports
concerning Cuban Foreign Medical Missions, Consular Services,
and United States Government Personnel contained under the Cuba
heading in section 7035 of Senate Report 116-126 in the manner
described. Additionally, the Secretary of State shall update
the Internet Access Report required under the Cuba heading in
Senate Report 115-282 in the manner described.
Haiti.--Subsection (c) maintains the conditions on funds
appropriated under Economic Support Fund and made available for
assistance for Haiti that are contained in such section in
division G of Public Law 116-94, except that such conditions
shall also apply to assistance for Haiti under Development
Assistance.
The agreement includes not less than $5,000,000 to address
the basic sanitary, medical, and nutritional needs of
prisoners, and for alternatives to the National Penitentiary.
The Secretary of State shall consult with the Committees on
Appropriations on the planned uses of such funds.
Mexico.--The agreement includes $158,910,000 for assistance
for Mexico. Funds are allocated according to the following
table:
MEXICO
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Economic Support Fund................................... 50,000
International Narcotics Control and Law Enforcement..... 100,000
Nonproliferation, Anti-terrorism, Demining and Related 1,160
Programs...............................................
International Military Education and Training........... 1,750
Foreign Military Financing Program...................... 6,000
------------------------------------------------------------------------
The determination and withholding directive contained under
the Mexico heading in section 7035 of Senate Report 116-126
shall apply to funds appropriated by the Act under Foreign
Military Financing Program, except that such funds shall also
be withheld until the Secretary of State determines that the
Government of Mexico is implementing credible counter-narcotics
and law enforcement strategies in cooperation with the United
States that reflect the input of civil society, have realistic
goals, and are consistent with the right of due process and
protection of human rights.
The Caribbean.--Subsection (d) provides not less than
$74,800,000 for the Caribbean Basin Security Initiative.
The agreement includes $10,000,000 to enhance island
disaster recovery and resilience and to assist the Caribbean
region in adapting to, and mitigating the effects of, climate
change, to include supporting the Caribbean Islands' consortium
of higher education institutions to inform and advance pre-
disaster assessment and recovery.
Funds for assistance for the Caribbean are allocated
according to the following table:
THE CARIBBEAN
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Initiative Authority
------------------------------------------------------------------------
Development Assistance
Strengthening Disaster Resilience..................... 10,000
Caribbean Basin Security Initiative..................... 74,800
Economic Support Fund................................. 32,300
International Narcotics Control and Law Enforcement... 35,000
Foreign Military Financing Program.................... 7,500
------------------------------------------------------------------------
Venezuela.--Subsection (e)(1) provides not less than
$33,000,000 under Economic Support Fund for democracy programs
for Venezuela.
Section 7046. Europe and Eurasia (modified)
Belarus.--The agreement includes an additional $2,000,000
for democracy programs for Belarus under Assistance for Europe,
Eurasia and Central Asia, which is in addition to funds
included for such programs in the fiscal year 2020 653(a)
report.
Georgia.--The agreement includes not less than $132,025,000
for assistance for Georgia. Funds are allocated according to
the following table:
GEORGIA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Assistance for Europe, Eurasia and Central Asia............ 88,025
International Narcotics Control and Law Enforcement........ 5,700
Nonproliferation, Anti-terrorism, Demining and Related 1,100
Programs..................................................
International Military Education and Training.............. 2,200
Foreign Military Financing Program......................... 35,000
------------------------------------------------------------------------
Georgia is a strategic ally of the United States, and the
agreement continues to support the Georgian people's efforts to
strengthen democracy, governance and the rule of law. Pursuant
to the requirement under subsection (a)(1), not later than 90
days after enactment of the Act, the Secretary of State shall
submit a report to the Committees on Appropriations detailing
actions taken by the Government of Georgia since January 1,
2020 to: (1) strengthen democratic institutions, including
through recent elections; (2) combat corruption; and (3) ensure
that rule of law in the private-sector and the foreign
investment climate meet international standards.
Turkey.--Not later than 30 days after enactment of the Act,
and every 90 days thereafter until September 30, 2021, the
Secretary of State shall submit a report to the appropriate
congressional committees on the status of the cases of locally
employed United States Embassy staff who are wrongfully
detained in Turkey.
Ukraine.--The agreement includes not less than $453,000,000
for assistance for Ukraine. Funds are allocated according to
the following table:
UKRAINE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Assistance for Europe, Eurasia and Central Asia............ 255,000
International Narcotics Control and Law Enforcement........ 30,000
Nonproliferation, Anti-terrorism, Demining and Related 15,000
Programs..................................................
International Military Education and Training.............. 3,000
Foreign Military Financing Program......................... 115,000
------------------------------------------------------------------------
Section 7047. Countering Russian Influence and Aggression (modified)
Countering Russian Influence Fund.--The agreement includes
not less than $290,000,000 for the CRIF, which is in addition
to amounts made available for bilateral assistance for
countries in Europe, Eurasia and Central Asia. Funds are
allocated according to the following table:
COUNTERING RUSSIAN INFLUENCE FUND
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Assistance for Europe, Eurasia and Central Asia............ 85,000
International Narcotics Control and Law Enforcement........ 50,000
International Military Education and Training.............. 5,000
Foreign Military Financing Program......................... 150,000
------------------------------------------------------------------------
Not later than 90 days after the initial obligation of
funds, and every 120 days thereafter until September 30, 2022,
the Secretary of State and USAID Administrator shall submit a
consolidated report to the Committees on Appropriations
containing updated information on obligations and expenditures
of the CRIF on a country and project basis.
Report on the Occupation of Georgia.--Not later than 90
days after enactment of the Act, the Secretary of State shall
update the report required by section 7070(c)(4) of division J
of Public Law 115-31.
Reports on the Russian Federation.--Not later than 90 days
after enactment of the Act, the Secretary of State shall update
the reports required by section 7071(b)(2), (c), and (e) of
division K of Public Law 113-76.
Section 7048. United Nations (modified)
Annual Report on Anti-Israel Bias at the United Nations.--
The Secretary of State shall report to the Committees on
Appropriations in the manner described under Contributions to
International Organizations in the House report.
Contributions Report.--Not later than 90 days after
enactment of the Act, the Secretary of State, in consultation
with the United States Permanent Representative to the United
Nations, shall submit a report to the Committees on
Appropriations detailing efforts made during the previous
calendar year to encourage other governments to increase their
contributions for international peacekeeping activities,
international organizations, and other multilateral and
bilateral assistance programs, as well as the results of such
efforts, disaggregated by government, organization, program,
and amount.
Michael Sharp and Zaida Catalan.--The Secretary of State
shall work with the Government of the Democratic Republic of
the Congo (DRC) and the UN to thoroughly investigate and bring
to justice those responsible for the murders in the DRC of UN
investigators Michael Sharp, a citizen of the United States,
and Zaida Catalan, a citizen of Sweden.
Report on Arrears.--The Secretary of State shall continue
to submit the reports on arrears required by section 7048(j) of
division J of Public Law 115-31 during fiscal year 2021.
Section 7049. War Crimes Tribunals (unchanged)
Section 7050. Global Internet Freedom (modified)
The agreement includes not less than $70,000,000 for
programs to promote Internet freedom globally, of which
$20,000,000 is from funds appropriated under International
Broadcasting Operations. Funds for such activities that are
appropriated under title III of the Act are allocated according
to the following table:
GLOBAL INTERNET FREEDOM
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Economic Support Fund................................... 26,525
Near East Regional Democracy.......................... [16,750]
Democracy Fund (Department of State).................... 14,000
Democracy Fund (USAID).................................. 3,500
Assistance for Europe, Eurasia and Central Asia......... 5,975
------------------------------------------------------------------------
United States Agency for Global Media.--Pursuant to
subsection (c), the USAGM CEO, in consultation with the Open
Technology Fund President, shall submit a spend plan for
Internet freedom programs made available under International
Broadcasting Operations. Such plan shall include all USAGM
resources, including funds and employees used to support
digital programs available on the Internet. The USAGM CEO shall
consult with the Committees on Appropriations prior to
submitting such plan.
Section 7051. Torture and Other Cruel, Inhuman, or Degrading Treatment
or Punishment (modified)
Section 7052. Aircraft Transfer, Coordination, and Use (unchanged)
Section 7053. Parking Fines and Real Property Taxes Owed by Foreign
Governments (unchanged)
Section 7054. International Monetary Fund (unchanged)
Section 7055. Extradition (modified)
Section 7056. Impact on Jobs in the United States (unchanged)
Section 7057. United Nations Population Fund (unchanged)
Section 7058. Global Health Activities (modified)
COVID-19 Response.--The agreement does not endorse the
directive in the House report under section 7068 regarding a
review of the international response to the COVID-19 pandemic.
Family Planning/Reproductive Health.--The agreement
maintains prior year funding levels and policy related to
family planning/reproductive health. The agreement does not
endorse directives under certain House report headings: Human
Rights, regarding certain awards; Reproductive health and
voluntary family planning, regarding contraception; Research,
regarding contraception; Gender, regarding health services and
regulatory barriers; and section 7067 regarding the UNFPA.
Section 7059. Gender Equality (modified)
Funds made available by subsection (d) for women, peace,
and security are consistent with funds made available for such
programs in prior years.
Gender-Based Violence.--Not later than 120 days after
enactment of the Act, the Secretary of State, in coordination
with the USAID Administrator, shall submit a report to the
Committees on Appropriations assessing the progress made by the
United States and its partners on the implementation and
delivery of humanitarian assistance to prevent, mitigate, and
address sexual and gender based violence in humanitarian
crises, including: (1) an analysis of data and research
regarding the key drivers of gender-based violence in
humanitarian crises; (2) gaps in existing response mechanisms;
(3) the needs of, and services required by, survivors or those
at risk; and (4) data on outcomes and impacts of existing
programs to address, prevent and mitigate such violence, such
as the Safe from the Start initiative.
Section 7060. Sector Allocations (modified)
Basic Education.--The agreement includes $125,000,000 for
the Global Partnership for Education and $25,000,000 for
Education Cannot Wait. The USAID Administrator shall consult
with the Committees on Appropriations on such contributions to
ensure adequate monitoring, evaluation, effectiveness, and
sustainability of programs.
Higher Education.--For purposes of implementing subsection
(a)(3), the term ``countries impacted by economic crises''
means countries whose economies are adversely affected by
political instability, conflict (including in neighboring
countries), or catastrophic manmade disasters, such as the port
explosion in Lebanon on August 4, 2020. Funds made available
under this subsection are in addition to assistance provided by
paragraph (2).
Cooperative Development.--The agreement includes additional
funds for cooperative development programs to support
community-based cooperatives and credit unions.
Environment Programs.--Subsection (c) includes authority
for environment programs, subject to the regular notification
procedures of the Committees on Appropriations. For purposes of
subsection (c)(2)(D), ``oppose'' shall mean vote against.
Funds for certain bilateral environment programs are
allocated according to the following table:
ENVIRONMENT PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Andean Amazon........................................... 23,500
Brazilian Amazon........................................ 17,000
Central Africa Regional Program for the Environment..... 43,000
Endangered sea turtles.................................. 150
Great Apes.............................................. 40,000
Guatemala/Belize/Mexico................................. 6,250
Lacey Act............................................... 3,500
Ocean Plastic Pollution................................. 75,000
Toxic Chemicals......................................... 7,000
United States Fish and Wildlife Service................. 6,000
Migratory bird conservation........................... [1,500]
United States Forest Service............................ 8,000
------------------------------------------------------------------------
Biodiversity Conservation and Governance.--The USAID
Administrator shall increase assistance for biodiversity
conservation and governance programs in Africa, Latin America,
and elsewhere where adverse economic conditions impacting
communities abutting conservation areas increase challenges to
the protection of biodiversity, including through conservation
crime.
Central Africa Regional Program for the Environment
(CARPE).--The agreement continues to fund CARPE and makes
available $10,000,000 of such amount for direct transfer to
United States Fish and Wildlife Service (USFWS) to maximize
their capabilities and expertise. Not later than 60 days after
enactment of the Act, the USAID Administrator shall consult
with the Committees on Appropriations on the implementation of
the CARPE program including the use of interagency transfers.
Great Apes.--Of the funding provided for great apes
conservation, $6,500,000 is to be transferred to USFWS for such
programs. Funding for USAID great apes programs includes not
less than $5,500,000 for the USAID Indonesian orangutan
conservation program.
Green Climate Fund.--No funds were requested for the Green
Climate Fund.
Guatemala, Belize, and Mexico.--The agreement includes
funds for tropical forest conservation in Guatemala, Belize,
and Mexico and the preservation of archeological sites in the
Maya Biosphere Reserve (MBR), including $2,250,000 for the
Department of the Interior's International Technical Assistance
Program for activities in the MBR and in areas of the Selva
Maya of Belize and Mexico. The agreement does not support
funding for logging activities or the construction of roads in
national parks or the MBR, except for community forest
concessions in the MBR and temporary road construction in
support of such concessions.
Habitat Protection.--The agreement includes funds for
programs in Central and South America to protect the habitat of
migratory birds along the Atlantic and Pacific flyways, and to
support turtle-safe artisanal fishing methods, protect nesting
beaches, and police against blast fishing. Funds are to be
provided directly to USFWS for flyways and to the National
Oceanic and Atmospheric Administration (NOAA) for sea turtles.
Illegal, Unreported, and Unregulated (IUU) Fishing.--
USAID's Bureau for Development, Democracy, and Innovation and
Bureau for Resilience and Food Security are directed to work
together to address the fundamental system failures that allow
for IUU fishing to persist, jeopardizing economic,
environmental, and food security objectives, including through
new or expanded initiatives undertaken by the Bureau for
Resilience and Food Security. USAID shall support the
implementation of subtitle C of title XXXV of Public Law 116-
92.
Large Dams.--The directives under this heading in Senate
Report 116-126 for the Department of the Treasury shall apply
to the evaluation of a proposal by an international financial
institution to finance construction of a large dam.
Marine Research.--The agreement supports efforts by United
States research institutions to partner with marine science
researchers in developing countries that are highly dependent
on ocean health and biodiversity and vulnerable to the impacts
of climate change. USAID shall prioritize projects that utilize
existing research partnerships.
National Parks and Protected Areas.--The Department of
State and USAID shall follow the directives under this heading
in the House report regarding national parks and protected
areas and shall consult with the Committees on Appropriations
on the implementation of such directives.
Ocean Plastic Pollution.--Not later than 60 days after
enactment of the Act, the Secretary of State and USAID
Administrator shall consult with the Committees on
Appropriations on plans to address ocean plastic pollution,
including to support bilateral programs, the establishment of
multilateral mechanisms including a USAID administered multi-
donor fund, and $5,000,000 to support Pillar II (Marine
Pollution) of the World Bank's PROBLUE Multi-Donor Trust Fund.
Plastic Impacted Marine Species.--The agreement includes
$1,000,000 to be administered pursuant to 16 U.S.C. 3701 for
cost-matching projects that protect marine species severely
impacted by marine plastic debris, and the USAID Administrator
shall consult with the Committees on Appropriations prior to
the obligation of such funds.
Resources to Combat Human Trafficking.--The Secretary of
State shall submit the report required under this heading in
the House report, except that such report shall be submitted
not later than one year after enactment of the Act.
South Sudan.--The agreement includes continued funding for
wildlife conservation activities in South Sudan, and
transboundary migration into Ethiopia.
Strategies.--Not later than 90 days after enactment of the
Act, the Secretary of State shall update the strategies
required under this heading in Senate Report 116-126 in the
manner described, except such strategies shall detail efforts
made and funds expended in fiscal year 2019, and planned to be
made and expended in fiscal years 2020 and 2021.
Toxic Chemicals.--The agreement includes funding to address
toxic chemical pollution in Africa, Asia, and Latin America,
including through lead acid battery recycling programs. Not
later than 60 days after enactment of the Act, the USAID
Administrator and the Secretary of State, as appropriate, shall
consult with the Committees on Appropriations on the planned
uses of such funds.
United States Fish and Wildlife Service, United States
Forest Service, National Oceanic and Atmospheric
Administration, and the Department of the Interior.--Funds
provided by direct transfer to USFWS, United States Forest
Service (USFS), NOAA, and the Department of the Interior (DOI)
shall be done in an expedited manner consistent with prior year
practice, and subject to prior consultation with the Committees
on Appropriations. Prior to the obligation and expenditure of
funds USFWS, USFS, NOAA, and DOI shall submit spend plans to
the Committees on Appropriations and USAID detailing the
intended uses of such funds. Prior to the submission of spend
plans, such agencies shall consult with USAID, as appropriate.
Section 7061. Budget Documents (modified)
Spend plans submitted pursuant to subsection (b) shall: (1)
include all intended sources of funds made available by the Act
and any other resources, as applicable, for such program; and
(2) conform to the definition of such plan under section
7034(q)(4) of the Act.
CBJs submitted in future fiscal years shall include
estimated savings from any proposed office or mission closure
or reorganization, elimination of special envoys and other
senior level special representatives, and actual prior year
representation expenses for each department and agency that is
authorized such expenses.
Section 7062. Reorganization (modified)
Not later than 90 days after enactment of the Act, the
USAID Administrator shall consult with the Committees on
Appropriations on any proposed new reorganization or any
substantive change to previously approved reorganizations in
the manner described in House Report 116-78. The quarterly
report on USAID's ongoing reorganization efforts required under
section 7062 of division G of Public Law 116-94 remains in
effect through September 30, 2021.
Section 7063. Department of State Management (modified)
Department of State Staffing Reports.--Not later than 60
days after enactment of the Act, and every 60 days thereafter
until September 30, 2022, the Secretary of State shall submit a
report to the appropriate congressional committees on the on-
board personnel levels, hiring, and attrition of the Civil
Service, Foreign Service, eligible family members, and locally
employed staff workforce of the Department of State, on an
operating unit-by-operating unit basis.
Federal Law Enforcement.--The agreement notes that the
explanatory statement accompanying the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2021 directs
the Attorney General to ensure implementation of evidence-based
training programs on de-escalation and the use-of-force, as
well as on police-community relations, that are broadly
applicable and scalable to all Federal law enforcement
agencies. The agreement further notes that several agencies
funded by this Act employ Federal law enforcement officers and
are Federal Law Enforcement Training Centers partner
organizations. The agreement directs such agencies to consult
with the Attorney General regarding the implementation of these
programs for their law enforcement officers. The agreement
further directs such agencies to brief the Committees on
Appropriations on their efforts relating to such implementation
no later than 90 days after consultation with the Attorney
General. In addition, the agreement directs such agencies, to
the extent that they are not already participating, to consult
with the Attorney General and the Director of the FBI regarding
participation in the National Use-of-Force Data Collection. The
agreement further directs such agencies to brief the Committees
on Appropriations, no later than 90 days after enactment of
this Act, on their current efforts to so participate.
Report on Compliance.--The report accompanying the
certification required in subsection (c)(1) shall include a
description of the criteria used by the Secretary of State to
certify that an office or bureau is capable of managing and
overseeing foreign assistance, and a brief description of the
technical training required by the Department of State for
personnel involved in such activities.
Report on Sole Source Awards.--Not later 45 days after
enactment of the Act, the Secretary of State shall submit a
report to the Committees on Appropriations detailing all sole
source awards made by the Department of State during the
previous fiscal year in excess of $2,000,000, which should be
posted on the Department website.
Section 7064. United States Agency for International Development
Management (modified)
USAID Accountability Mechanism.--Not later than 90 days
after enactment of the Act and following consultation with the
Committees on Appropriations, the USAID Administrator shall
submit to such Committees a plan to establish an accountability
mechanism, or strengthen any existing mechanisms, to which
individuals, communities, civil society organizations, and
other stakeholders can communicate concerns about existent or
potential adverse impacts, including social, environmental, and
economic impacts, resulting from USAID-funded programs,
projects, and activities, and through which USAID can respond.
The plan shall include procedures, to be posted on the USAID
website, for communicating and responding to such concerns.
USAID Staffing Report.--Not later than 60 days after
enactment of the Act, and every 60 days thereafter until
September 30, 2022, the USAID Administrator shall submit a
report to the appropriate congressional committees on the on-
board personnel levels, hiring, and attrition of the Civil
Service, Foreign Service, and Foreign Service national
workforce of USAID, on an operating unit-by-operating unit
basis.
Section 7065. Stabilization and Development in Regions Impacted by
Extremism and Conflict (modified)
Consolidated Report.--Not later than 45 days after
enactment of the Act, and every 90 days thereafter until
September 30, 2022, the Secretary of State and USAID
Administrator shall submit a consolidated report to the
Committees on Appropriations containing updated information on
obligations and expenditures of the Prevention and
Stabilization Fund on a country and program basis.
Consultation.--The Secretary of State shall consult with
the Committees on Appropriations prior to exercising the
transfer authority contained in subsection (a)(1).
Counter Extremism Report.--The Secretary of State shall
submit the report required under this heading in section 7041
of Senate Report 116-126 in the manner described, except
activities shall be those to counter extremism in fiscal year
2020.
Global Fragility Act.--Not later than 90 days after
enactment of the Act, the Department of State and USAID shall
jointly brief the Committees on Appropriations on plans for
implementing the Global Fragility Act of 2019 (title V of
division J of Public Law 116-94) with funds made available by
the Act and prior Acts.
Prevention and Stabilization Fund.--The agreement includes
not less than $100,000,000 for the Prevention and Stabilization
Fund, as follows: $50,000,000 under Economic Support Fund;
$10,000,000 under International Narcotics Control and Law
Enforcement; $10,000,000 under Nonproliferation, Anti-
terrorism, Demining and Related Programs; $12,500,000 under
Peacekeeping Operations; and $17,500,000 under Foreign Military
Financing Program.
Section 7066. Disability Programs (modified)
Section 7067. Debt-for-Development (unchanged)
Section 7068. Enterprise Funds (unchanged)
Section 7069. Extension of Consular Fees and Related Authorities (new)
The agreement includes authorities to address the shortfall
in consular fee revenue in fiscal years 2020 and 2021. In
addition to an extension of authorities provided in the
Continuing Appropriations Act, 2021 (division A of Public Law
116-159), the agreement expands the authority to spend fees
deposited in the Department of State Fraud Prevention and
Detection account to include the costs of providing consular
services in fiscal year 2021.
Section 7070. Protective Services (new)
Section 7071. Rescissions (modified)
The agreement rescinds $580,534,000, of which $425,123,000
is designated for OCO/GWOT pursuant to the BBEDCA. Of the
total, $360,123,000 is from unobligated Diplomatic and Consular
Programs balances, $40,000,000 is from unobligated Peacekeeping
Operations balances, $25,000,000 is from unobligated Foreign
Military Financing Program balances, $75,000,000 is from
unobligated Economic Support Fund balances, $30,000,000 is from
unobligated Peace Corps balances, and $50,411,000 is from
unobligated International Narcotics Control and Law Enforcement
balances.
COVID-19 Funding.--The agreement does not include funding
to respond to the COVID-19 pandemic under title VIII of the
House bill.
TITLE VIII
NITA M. LOWEY MIDDLE EAST PARTNERSHIP FOR PEACE ACT OF 2020
The agreement includes authorization of the ``Nita M. Lowey
Middle East Partnership for Peace Act of 2020'' regarding
programs to promote reconciliation between Israelis and
Palestinians.
TITLE IX
EMERGENCY FUNDING AND OTHER MATTERS
The agreement includes emergency funding for Consular and
Border Security Programs, Sudan Claims, Global Health Programs,
Economic Support Fund, and Debt Restructuring. As specified in
section 9002, funds appropriated under this title for
assistance for Sudan are subject to the regular notification
procedures of the Committees on Appropriations.
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[House Appropriations Committee Print]
Consolidated Appropriations Act, 2021
(H.R. 133; P.L. 116-260)
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2021
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DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2021
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$126,174,000, of which not to exceed $3,360,000 shall be
available for the immediate Office of the Secretary; not to
exceed $1,200,000 shall be available for the immediate Office
of the Deputy Secretary; not to exceed $22,210,000 shall be
available for the Office of the General Counsel; not to exceed
$11,797,000 shall be available for the Office of the Under
Secretary of Transportation for Policy; not to exceed
$16,394,000 shall be available for the Office of the Assistant
Secretary for Budget and Programs; not to exceed $3,010,000
shall be available for the Office of the Assistant Secretary
for Governmental Affairs; not to exceed $32,239,000 shall be
available for the Office of the Assistant Secretary for
Administration; not to exceed $2,610,000 shall be available for
the Office of Public Affairs; not to exceed $2,018,000 shall be
available for the Office of the Executive Secretariat; not to
exceed $13,576,000 shall be available for the Office of
Intelligence, Security, and Emergency Response; and not to
exceed $17,760,000 shall be available for the Office of the
Chief Information Officer: Provided, That the Secretary of
Transportation (referred to in this title as the ``Secretary'')
is authorized to transfer funds appropriated for any office of
the Office of the Secretary to any other office of the Office
of the Secretary: Provided further, That no appropriation for
any office shall be increased or decreased by more than 7
percent by all such transfers: Provided further, That notice
of any change in funding greater than 7 percent shall be
submitted for approval to the House and Senate Committees on
Appropriations: Provided further, That not to exceed $70,000
shall be for allocation within the Department for official
reception and representation expenses as the Secretary may
determine: Provided further, That notwithstanding any other
provision of law, there may be credited to this appropriation
up to $2,500,000 in funds received in user fees: Provided
further, That none of the funds provided in this Act shall be
available for the position of Assistant Secretary for Public
Affairs.
research and technology
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $22,800,000, of which
$16,485,000 shall remain available until expended: Provided,
That there may be credited to this appropriation, to be
available until expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training: Provided further, That any
reference in law, regulation, judicial proceedings, or
elsewhere to the Research and Innovative Technology
Administration shall continue to be deemed to be a reference to
the Office of the Assistant Secretary for Research and
Technology of the Department of Transportation.
national infrastructure investments
(including transfer of funds)
For capital investments in surface transportation
infrastructure, $1,000,000,000 to remain available until
September 30, 2024: Provided, That the Secretary shall
distribute amounts made available under this heading as
discretionary grants to be awarded to a State, local or tribal
government, U.S. territory, transit agency, port authority,
metropolitan planning organization, political subdivision of a
State or local government, or a collaboration among such
entities on a competitive basis for projects that will have a
significant local or regional impact: Provided further, That
projects eligible for amounts made available under this heading
shall include, but not be limited to, highway or bridge
projects eligible under title 23, United States Code; public
transportation projects eligible under chapter 53 of title 49,
United States Code; passenger and freight rail transportation
projects; port infrastructure investments (including inland
port infrastructure and land ports of entry); and projects
investing in surface transportation facilities that are located
on tribal land and for which title or maintenance
responsibility is vested in the Federal Government: Provided
further, That of the amount made available under this heading,
the Secretary shall use an amount not more than $30,000,000 for
the planning, preparation or design of projects eligible for
amounts made available under this heading, of which not less
than $10,000,000 is for projects eligible for amounts made
available under this heading located in or to directly benefit
areas of persistent poverty: Provided further, That the term
``areas of persistent poverty'' means any county that has
consistently had greater than or equal to 20 percent of the
population living in poverty during the 30-year period
preceding the date of enactment of this Act, as measured by the
1990 and 2000 decennial census and the most recent annual Small
Area Income and Poverty Estimates as estimated by the Bureau of
the Census; any census tract with a poverty rate of at least 20
percent as measured by the 2014-2018 5-year data series
available from the American Community Survey of the Bureau of
the Census; or any territory or possession of the United
States: Provided further, That grants awarded under the
previous two provisos shall not be subject to a minimum grant
size: Provided further, That the Secretary may use up to 20
percent of the amounts made available under this heading for
the purpose of paying the subsidy and administrative costs of
projects eligible for Federal credit assistance under chapter 6
of title 23, United States Code, or sections 501 through 504 of
the Railroad Revitalization and Regulatory Reform Act of 1976
(Public Law 94-210), if the Secretary finds that such use of
the funds would advance the purposes of this heading: Provided
further, That in distributing amounts made available under this
heading, the Secretary shall take such measures so as to ensure
an equitable geographic distribution of funds, an appropriate
balance in addressing the needs of urban and rural areas,
including tribal areas, and the investment in a variety of
transportation modes: Provided further, That a grant award
under this heading shall be not less than $5,000,000 and not
greater than $25,000,000: Provided further, That not more than
10 percent of the amounts made available under this heading may
be awarded to projects in a single State: Provided further,
That the Federal share of the costs for which an amount is
provided under this heading shall be, at the option of the
recipient, up to 80 percent: Provided further, That the
Secretary shall give priority to projects that require a
contribution of Federal funds in order to complete an overall
financing package: Provided further, That an award under this
heading is an urban award if it is to a project located within
or on the boundary of an Urbanized Area (UA), as designated by
the Bureau of the Census, that had a population greater than
200,000 in the 2010 decennial census: Provided further, That
for the purpose of determining if an award for planning,
preparation or design is an urban award, the project location
is the location of the project being planned, prepared or
designed: Provided further, That each award under this heading
that is not an urban award is a rural award: Provided further,
That of the amounts awarded under this heading, not more than
50 percent shall be awarded as urban awards and rural awards,
respectively: Provided further, That for rural awards, the
minimum grant size shall be $1,000,000: Provided further, That
for rural awards and areas of persistent poverty awards the
Secretary may increase the Federal share of costs above 80
percent: Provided further, That projects conducted using
amounts made available under this heading shall comply with the
requirements of subchapter IV of chapter 31 of title 40, United
States Code: Provided further, That the Secretary shall
conduct a new competition to select the grants and credit
assistance awarded under this heading: Provided further, That
the Secretary may retain up to $20,000,000 of the amounts made
available under this heading, and may transfer portions of such
amounts to the Administrators of the Federal Highway
Administration, the Federal Transit Administration, the Federal
Railroad Administration and the Maritime Administration to fund
the award and oversight of grants and credit assistance made
under the National Infrastructure Investments program:
Provided further, That none of the amounts made available in
the previous proviso may be used to hire additional personnel:
Provided further, That the Secretary shall consider and award
projects based solely on the selection criteria from the fiscal
year 2017 Notice of Funding Opportunity: Provided further,
That, notwithstanding the previous proviso, the Secretary shall
not use the Federal share or an applicant's ability to generate
non-Federal revenue as a selection criteria in awarding
projects: Provided further, That the Secretary shall issue the
Notice of Funding Opportunity no later than 120 days after
enactment of this Act: Provided further, That such Notice of
Funding Opportunity shall require application submissions 90
days after the publishing of such Notice: Provided further,
That of the applications submitted under the previous two
provisos, the Secretary shall make grants no later than 330
days after enactment of this Act in such amounts that the
Secretary determines.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface Transportation
and Innovative Finance Bureau as authorized by 49 U.S.C. 116,
$5,000,000, to remain available until expended: Provided, That
the Secretary may collect and spend fees, as authorized by
title 23, United States Code, to cover the costs of services of
expert firms, including counsel, in the field of municipal and
project finance to assist in the underwriting and servicing of
Federal credit instruments and all or a portion of the costs to
the Federal Government of servicing such credit instruments:
Provided further, That such fees are available until expended
to pay for such costs: Provided further, That such amounts are
in addition to other amounts made available for such purposes
and are not subject to any obligation limitation or the
limitation on administrative expenses under section 608 of
title 23, United States Code.
railroad rehabilitation and improvement financing program
The Secretary is authorized to issue direct loans and loan
guarantees pursuant to sections 501 through 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (Public Law
94-210), as amended, such authority shall exist as long as any
such direct loan or loan guarantee is outstanding.
financial management capital
For necessary expenses for upgrading and enhancing the
Department of Transportation's financial systems and re-
engineering business processes, $2,000,000, to remain available
through September 30, 2022.
cyber security initiatives
For necessary expenses for cyber security initiatives,
including necessary upgrades to network and information
technology infrastructure, improvement of identity management
and authentication capabilities, securing and protecting data,
implementation of Federal cyber security initiatives, and
implementation of enhanced security controls on agency
computers and mobile devices, $22,000,000, to remain available
until September 30, 2022.
office of civil rights
For necessary expenses of the Office of Civil Rights,
$9,600,000.
transportation planning, research, and development
(including transfer of funds)
For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, $9,350,000, to remain available
until expended: Provided, That of such amount, $1,000,000
shall be for necessary expenses of the Interagency
Infrastructure Permitting Improvement Center (IIPIC): Provided
further, That there may be transferred to this appropriation,
to remain available until expended, amounts transferred from
other Federal agencies for expenses incurred under this heading
for IIPIC activities not related to transportation
infrastructure: Provided further, That the tools and analysis
developed by the IIPIC shall be available to other Federal
agencies for the permitting and review of major infrastructure
projects not related to transportation only to the extent that
other Federal agencies provide funding to the Department in
accordance with the preceding proviso.
working capital fund
(including transfer of funds)
For necessary expenses for operating costs and capital
outlays of the Working Capital Fund, not to exceed
$319,793,000, shall be paid from appropriations made available
to the Department of Transportation: Provided, That such
services shall be provided on a competitive basis to entities
within the Department of Transportation (DOT): Provided
further, That the limitation in the preceding proviso on
operating expenses shall not apply to non-DOT entities:
Provided further, That no funds made available by this Act to
an agency of the Department shall be transferred to the Working
Capital Fund without majority approval of the Working Capital
Fund Steering Committee and approval of the Secretary:
Provided further, That no assessments may be levied against any
program, budget activity, subactivity, or project funded by
this Act unless notice of such assessments and the basis
therefor are presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $4,714,000, to remain
available until September 30, 2022: Provided, That
notwithstanding section 332 of title 49, United States Code,
such amounts may be used for business opportunities related to
any mode of transportation: Provided further, That
appropriations made available under this heading shall be
available for any purpose consistent with prior year
appropriations that were made available under the heading
``Office of the Secretary--Minority Business Resource Center
Program''.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source to
carry out the essential air service program under sections
41731 through 41742 of title 49, United States Code,
$141,724,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That in
determining between or among carriers competing to provide
service to a community, the Secretary may consider the relative
subsidy requirements of the carriers: Provided further, That
basic essential air service minimum requirements shall not
include the 15-passenger capacity requirement under section
41732(b)(3) of title 49, United States Code: Provided further,
That amounts authorized to be distributed for the essential air
service program under section 41742(b) of title 49, United
States Code, shall be made available immediately from amounts
otherwise provided to the Administrator of the Federal Aviation
Administration: Provided further, That the Administrator may
reimburse such amounts from fees credited to the account
established under section 45303 of title 49, United States
Code.
transportation demonstration program
To expand intermodal and multimodal freight and cargo
transportation infrastructure, including airport development
under chapter 471 of title 49, United States Code,
$100,000,000, to remain available until expended: Provided,
That the Secretary shall distribute funds provided under this
heading as discretionary grants to maritime port authorities or
former military airports classified as general aviation
airports in the National Plan on Integrated Airport System
report for fiscal years 2019 to 2023: Provided further, That
eligible applicants that are maritime port authorities shall
use a terminal railway and be located not more than 10 miles
from a former military airport classified as a general aviation
airport in the National Plan on Integrated Airport System
report for fiscal years 2019 to 2023: Provided further, That
eligible applicants that are former military airports
classified as general aviation airports in the National Plan on
Integrated Airport System report for fiscal years 2019 to 2023
shall be located not more than 10 miles from a maritime port
authority that uses a terminal railway: Provided further, That
projects eligible under this heading shall be located not more
than 10 miles from at least two highways on the Interstate
System: Provided further, That the Secretary shall issue the
Notice of Funding Opportunity no later than 60 days after
enactment of this Act.
administrative provisions--office of the secretary of transportation
(including rescissions)
Sec. 101. None of the funds made available by this Act to
the Department of Transportation may be obligated for the
Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the operating administrations in this Act,
except for activities underway on the date of enactment of this
Act, unless such assessments or agreements have completed the
normal reprogramming process for congressional notification.
Sec. 102. The Secretary shall post on the web site of the
Department of Transportation a schedule of all meetings of the
Council on Credit and Finance, including the agenda for each
meeting, and require the Council on Credit and Finance to
record the decisions and actions of each meeting.
Sec. 103. In addition to authority provided by section 327
of title 49, United States Code, the Department's Working
Capital Fund is authorized to provide partial or full payments
in advance and accept subsequent reimbursements from all
Federal agencies from available funds for transit benefit
distribution services that are necessary to carry out the
Federal transit pass transportation fringe benefit program
under Executive Order No. 13150 and section 3049 of SAFETEA-LU
(5 U.S.C. 7905 note): Provided, That the Department shall
maintain a reasonable operating reserve in the Working Capital
Fund, to be expended in advance to provide uninterrupted
transit benefits to Government employees: Provided further,
That such reserve shall not exceed 1 month of benefits payable
and may be used only for the purpose of providing for the
continuation of transit benefits: Provided further, That the
Working Capital Fund shall be fully reimbursed by each customer
agency from available funds for the actual cost of the transit
benefit.
Sec. 104. Receipts collected in the Department's Working
Capital Fund, as authorized by section 327 of title 49, United
States Code, for unused van pool benefits, in an amount not to
exceed 10 percent of fiscal year 2021 collections, shall be
available until expended in the Department's Working Capital
Fund to provide contractual services in support of section 199A
of this Act: Provided, That obligations in fiscal year 2021 of
such collections shall not exceed $1,000,000.
Sec. 105. The remaining unobligated balances, as of
September 30, 2021, from amounts made available for the
``Department of Transportation--Office of the Secretary--
National Infrastructure Investments'' in division G of the
Consolidated Appropriations Act, 2019 (Public Law 116-6) are
hereby permanently rescinded, and an amount of additional new
budget authority equivalent to the amount rescinded is hereby
appropriated on September 30, 2021, to remain available until
September 30, 2022, and shall be available, without additional
competition, for completing the funding of awards made pursuant
to the fiscal year 2019 national infrastructure investments
program.
Sec. 106. None of the funds in this Act may be obligated or
expended for retention or senior executive bonuses for an
employee of the Department of Transportation without the prior
written approval of the Assistant Secretary for Administration.
Sec. 107. In addition to authority provided by section 327
of title 49, United States Code, the Department's
Administrative Working Capital Fund is hereby authorized to
transfer information technology equipment, software, and
systems from Departmental sources or other entities and collect
and maintain a reserve at rates which will return full cost of
transferred assets.
Sec. 108. None of the funds provided in this Act to the
Department of Transportation may be used to provide credit
assistance unless not less than 3 days before any application
approval to provide credit assistance under sections 603 and
604 of title 23, United States Code, the Secretary provides
notification in writing to the following committees: the House
and Senate Committees on Appropriations; the Committee on
Environment and Public Works and the Committee on Banking,
Housing and Urban Affairs of the Senate; and the Committee on
Transportation and Infrastructure of the House of
Representatives: Provided, That such notification shall
include, but not be limited to, the name of the project
sponsor; a description of the project; whether credit
assistance will be provided as a direct loan, loan guarantee,
or line of credit; and the amount of credit assistance.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations and research activities related to commercial space
transportation, administrative expenses for research and
development, establishment of air navigation facilities, the
operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to
the public, the lease or purchase of passenger motor vehicles
for replacement only, $11,001,500,000, to remain available
until September 30, 2022, of which $10,519,000,000 shall be
derived from the Airport and Airway Trust Fund: Provided, That
of the sums appropriated under this heading--
(1) not less than $1,479,039,000 shall be available
for aviation safety activities;
(2) $8,205,821,000 shall be available for air traffic
organization activities;
(3) $27,555,000 shall be available for commercial
space transportation activities;
(4) $836,141,000 shall be available for finance and
management activities;
(5) $62,862,000 shall be available for NextGen and
operations planning activities;
(6) $124,928,000 shall be available for security and
hazardous materials safety; and
(7) $265,154,000 shall be available for staff
offices:
Provided further, That not to exceed 5 percent of any budget
activity, except for aviation safety budget activity, may be
transferred to any budget activity under this heading:
Provided further, That no transfer may increase or decrease any
appropriation under this heading by more than 5 percent:
Provided further, That any transfer in excess of 5 percent
shall be treated as a reprogramming of funds under section 405
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in that section: Provided further, That not later than 60 days
after the submission of the budget request, the Administrator
of the Federal Aviation Administration shall transmit to
Congress an annual update to the report submitted to Congress
in December 2004 pursuant to section 221 of the Vision 100-
Century of Aviation Reauthorization Act (49 U.S.C. 40101 note):
Provided further, That the amounts made available under this
heading shall be reduced by $100,000 for each day after 60 days
after the submission of the budget request that such report has
not been transmitted to Congress: Provided further, That not
later than 60 days after the submission of the budget request,
the Administrator shall transmit to Congress a companion report
that describes a comprehensive strategy for staffing, hiring,
and training flight standards and aircraft certification staff
in a format similar to the one utilized for the controller
staffing plan, including stated attrition estimates and
numerical hiring goals by fiscal year: Provided further, That
the amounts made available under this heading shall be reduced
by $100,000 for each day after the date that is 60 days after
the submission of the budget request that such report has not
been submitted to Congress: Provided further, That funds may
be used to enter into a grant agreement with a nonprofit
standard-setting organization to assist in the development of
aviation safety standards: Provided further, That none of the
funds made available by this Act shall be available for new
applicants for the second career training program: Provided
further, That none of the funds in this Act shall be available
for the Federal Aviation Administration to finalize or
implement any regulation that would promulgate new aviation
user fees not specifically authorized by law after the date of
the enactment of this Act: Provided further, That there may be
credited to this appropriation, as offsetting collections,
funds received from States, counties, municipalities, foreign
authorities, other public authorities, and private sources for
expenses incurred in the provision of agency services,
including receipts for the maintenance and operation of air
navigation facilities, and for issuance, renewal or
modification of certificates, including airman, aircraft, and
repair station certificates, or for tests related thereto, or
for processing major repair or alteration forms: Provided
further, That of the amounts made available under this heading,
not less than $172,800,000 shall be used to fund direct
operations of the current air traffic control towers in the
contract tower program, including the contract tower cost share
program, and any airport that is currently qualified or that
will qualify for the program during the fiscal year: Provided
further, That none of the funds made available by this Act for
aeronautical charting and cartography are available for
activities conducted by, or coordinated through, the Working
Capital Fund: Provided further, That none of the funds
appropriated or otherwise made available by this Act or any
other Act may be used to eliminate the Contract Weather
Observers program at any airport.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract or purchase, and hire of national
airspace systems and experimental facilities and equipment, as
authorized under part A of subtitle VII of title 49, United
States Code, including initial acquisition of necessary sites
by lease or grant; engineering and service testing, including
construction of test facilities and acquisition of necessary
sites by lease or grant; construction and furnishing of
quarters and related accommodations for officers and employees
of the Federal Aviation Administration stationed at remote
localities where such accommodations are not available; and the
purchase, lease, or transfer of aircraft from funds available
under this heading, including aircraft for aviation regulation
and certification; to be derived from the Airport and Airway
Trust Fund, $3,015,000,000, of which $545,000,000 shall remain
available until September 30, 2022, $2,330,400,000 shall remain
available until September 30, 2023, and $139,600,000 shall
remain available until expended: Provided, That there may be
credited to this appropriation funds received from States,
counties, municipalities, other public authorities, and private
sources, for expenses incurred in the establishment,
improvement, and modernization of national airspace systems:
Provided further, That not later than 60 days after submission
of the budget request, the Secretary shall transmit to the
Congress an investment plan for the Federal Aviation
Administration which includes funding for each budget line item
for fiscal years 2022 through 2026, with total funding for each
year of the plan constrained to the funding targets for those
years as estimated and approved by the Office of Management and
Budget.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant, $198,000,000,
to be derived from the Airport and Airway Trust Fund and to
remain available until September 30, 2023: Provided, That
there may be credited to this appropriation as offsetting
collections, funds received from States, counties,
municipalities, other public authorities, and private sources,
which shall be available for expenses incurred for research,
engineering, and development: Provided further, That funds
made available under this heading shall be used in accordance
with the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act):
Provided further, That not to exceed 10 percent of any funding
level specified under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act) may be transferred to any other funding
level specified under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That no transfer may
increase or decrease any funding level by more than 10 percent:
Provided further, That any transfer in excess of 10 percent
shall be treated as a reprogramming of funds under section 405
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in that section.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49, United
States Code, and under other law authorizing such obligations;
for procurement, installation, and commissioning of runway
incursion prevention devices and systems at airports of such
title; for grants authorized under section 41743 of title 49,
United States Code; and for inspection activities and
administration of airport safety programs, including those
related to airport operating certificates under section 44706
of title 49, United States Code, $3,350,000,000, to be derived
from the Airport and Airway Trust Fund and to remain available
until expended: Provided, That none of the amounts made
available under this heading shall be available for the
planning or execution of programs the obligations for which are
in excess of $3,350,000,000, in fiscal year 2021,
notwithstanding section 47117(g) of title 49, United States
Code: Provided further, That none of the amounts made
available under this heading shall be available for the
replacement of baggage conveyor systems, reconfiguration of
terminal baggage areas, or other airport improvements that are
necessary to install bulk explosive detection systems:
Provided further, That notwithstanding section 47109(a) of
title 49, United States Code, the Government's share of
allowable project costs under paragraph (2) of such section for
subgrants or paragraph (3) of such section shall be 95 percent
for a project at other than a large or medium hub airport that
is a successive phase of a multi-phased construction project
for which the project sponsor received a grant in fiscal year
2011 for the construction project: Provided further, That
notwithstanding any other provision of law, of amounts limited
under this heading, not more than $119,402,000 shall be
available for administration, not less than $15,000,000 shall
be available for the Airport Cooperative Research Program, not
less than $40,666,000 shall be available for Airport Technology
Research, and $10,000,000, to remain available until expended,
shall be available and transferred to ``Office of the
Secretary, Salaries and Expenses'' to carry out the Small
Community Air Service Development Program: Provided further,
That in addition to airports eligible under section 41743 of
title 49, United States Code, such program may include the
participation of an airport that serves a community or
consortium that is not larger than a small hub airport,
according to FAA hub classifications effective at the time the
Office of the Secretary issues a request for proposals.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for Airports'',
to enable the Secretary to make grants for projects as
authorized by subchapter 1 of chapter 471 and subchapter 1 of
chapter 475 of title 49, United States Code, $400,000,000, to
remain available through September 30, 2023: Provided, That
amounts made available under this heading shall be derived from
the general fund, and such funds shall not be subject to
apportionment formulas, special apportionment categories, or
minimum percentages under chapter 471: Provided further, That
the Secretary shall distribute funds provided under this
heading as discretionary grants to airports: Provided further,
That the amount made available under this heading shall not be
subject to any limitation on obligations for the Grants-in-Aid
for Airports program set forth in any Act: Provided further,
That the Administrator of the Federal Aviation Administration
may retain up to 0.5 percent of the funds provided under this
heading to fund the award and oversight by the Administrator of
grants made under this heading.
administrative provisions--federal aviation administration
Sec. 110. None of the funds made available by this Act may
be used to compensate in excess of 600 technical staff-years
under the federally funded research and development center
contract between the Federal Aviation Administration and the
Center for Advanced Aviation Systems Development during fiscal
year 2021.
Sec. 111. None of the funds made available by this Act shall
be used to pursue or adopt guidelines or regulations requiring
airport sponsors to provide to the Federal Aviation
Administration without cost building construction, maintenance,
utilities and expenses, or space in airport sponsor-owned
buildings for services relating to air traffic control, air
navigation, or weather reporting: Provided, That the
prohibition on the use of funds in this section does not apply
to negotiations between the agency and airport sponsors to
achieve agreement on ``below-market'' rates for these items or
to grant assurances that require airport sponsors to provide
land without cost to the Federal Aviation Administration for
air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to satisfy
section 41742(a)(1) of title 49, United States Code, from fees
credited under section 45303 of title 49, United States Code,
and any amount remaining in such account at the close of any
fiscal year may be made available to satisfy section
41742(a)(1) of title 49, United States Code, for the subsequent
fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title
49, United States Code, shall be credited to the appropriation
current at the time of collection, to be merged with and
available for the same purposes as such appropriation.
Sec. 114. None of the funds made available by this Act shall
be available for paying premium pay under subsection 5546(a) of
title 5, United States Code, to any Federal Aviation
Administration employee unless such employee actually performed
work during the time corresponding to such premium pay.
Sec. 115. None of the funds made available by this Act may
be obligated or expended for an employee of the Federal
Aviation Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
Sec. 116. Notwithstanding any other provision of law, none
of the funds made available under this Act or any prior Act may
be used to implement or to continue to implement any limitation
on the ability of any owner or operator of a private aircraft
to obtain, upon a request to the Administrator of the Federal
Aviation Administration, a blocking of that owner's or
operator's aircraft registration number, Mode S transponder
code, flight identification, call sign, or similar identifying
information from any ground based display to the public that
would allow the real-time or near real-time flight tracking of
that aircraft's movements, except data made available to a
Government agency, for the noncommercial flights of that owner
or operator.
Sec. 117. None of the funds made available by this Act shall
be available for salaries and expenses of more than nine
political and Presidential appointees in the Federal Aviation
Administration.
Sec. 118. None of the funds made available by this Act may
be used to increase fees pursuant to section 44721 of title 49,
United States Code, until the Federal Aviation Administration
provides to the House and Senate Committees on Appropriations a
report that justifies all fees related to aeronautical
navigation products and explains how such fees are consistent
with Executive Order No. 13642.
Sec. 119. None of the funds made available by this Act may
be used to close a regional operations center of the Federal
Aviation Administration or reduce its services unless the
Administrator notifies the House and Senate Committees on
Appropriations not less than 90 full business days in advance.
Sec. 119A. None of the funds made available by or limited by
this Act may be used to change weight restrictions or prior
permission rules at Teterboro airport in Teterboro, New Jersey.
Sec. 119B. None of the funds made available by this Act may
be used by the Administrator of the Federal Aviation
Administration to withhold from consideration and approval any
new application for participation in the Contract Tower
Program, or for reevaluation of Cost-share Program participants
so long as the Federal Aviation Administration has received an
application from the airport, and so long as the Administrator
determines such tower is eligible using the factors set forth
in Federal Aviation Administration published establishment
criteria.
Sec. 119C. None of the funds made available by this Act may
be used to open, close, redesignate as a lesser office, or
reorganize a regional office, the aeronautical center, or the
technical center unless the Administrator submits a request for
the reprogramming of funds under section 405 of this Act.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $475,649,049 together with advances and
reimbursements received by the Federal Highway Administration,
shall be obligated for necessary expenses for administration
and operation of the Federal Highway Administration: Provided,
That in addition, $3,248,000 shall be transferred to the
Appalachian Regional Commission in accordance with section
104(a) of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of
Federal-aid highway and highway safety construction programs
authorized under titles 23 and 49, United States Code, and the
provisions of the Fixing America's Surface Transportation
(FAST) Act (Public Law 114-94) shall not exceed total
obligations of $46,365,092,000 for fiscal year 2021.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out
Federal-aid highway and highway safety construction programs
authorized under title 23, United States Code, $47,104,092,000
derived from the Highway Trust Fund (other than the Mass
Transit Account), to remain available until expended.
highway infrastructure programs
There is hereby appropriated to the Secretary $2,000,000,000:
Provided, That the funds made available under this heading
shall be derived from the general fund, shall be in addition to
any funds provided for fiscal year 2021 in this or any other
Act for: (1) ``Federal-aid Highways'' under chapter 1 of title
23, United States Code; or (2) the Appalachian Development
Highway System as authorized under section 1069(y) of Public
Law 102-240, and shall not affect the distribution or amount of
funds provided in any other Act: Provided further, That
section 1101(b) of Public Law 114-94 shall apply to funds made
available under this heading: Provided further, That unless
otherwise specified, amounts made available under this heading
shall be available until September 30, 2024: Provided further,
That of the funds made available under this heading--
(1) $640,650,000 shall be for activities eligible
under section 133(b) of title 23, United States Code,
and to provide necessary charging infrastructure along
corridor-ready or corridor-pending alternative fuel
corridors designated pursuant to section 151 of title
23, United States Code;
(2) $2,700,000 shall be for activities eligible under
the Puerto Rico Highway Program as described in section
165(b)(2)(C) of title 23, United States Code;
(3) $650,000 shall be for activities eligible under
the Territorial Highway Program, as described in
section 165(c)(6) of title 23, United States Code;
(4) $100,000,000 shall be for the nationally
significant Federal lands and tribal projects program
under section 1123 of the FAST Act;
(5) $1,080,000,000 shall be for a bridge replacement
and rehabilitation program;
(6) $100,000,000 shall be for necessary expenses for
construction of the Appalachian Development Highway
System as authorized under section 1069(y) of Public
Law 102-240;
(7) $16,000,000 shall be for the national scenic
byways program under section 162 of title 23, United
States Code;
(8) $50,000,000 shall be for competitive grants for
activities described in section 130(a) of title 23,
United States Code;
(9) $5,000,000 shall be for the Regional
Infrastructure Accelerator Demonstration Program
authorized under section 1441 of the FAST Act; and
(10) $5,000,000 shall be for a National Road Network
Pilot Program for the Federal Highway Administration to
create a national level, geo-spatial dataset that uses
data already collected under the Highway Performance
Monitoring System:
Provided further, That for the purposes of funds made
available under this heading, in paragraph (1) of the fourth
proviso, the term ``State'' means any of the 50 States or the
District of Columbia: Provided further, That the funds made
available under this heading, in paragraph (1) of the fourth
proviso, shall be suballocated in the manner described in
section 133(d) of title 23, United States Code, except that the
set-aside described in section 133(h) of such title shall not
apply to funds made available under this heading, in paragraph
(1) of the fourth proviso: Provided further, That the funds
made available under this heading, in paragraphs (1), (5), (7),
and (8) of the fourth proviso, shall be administered as if
apportioned under chapter 1 of such title: Provided further,
That, the funds made available under this heading, in paragraph
(1) of the fourth proviso, shall be apportioned to the States
in the same ratio as the obligation limitation for fiscal year
2021 is distributed among the States in section 120(a)(5) of
this Act: Provided further, That, except as provided in the
following proviso, the funds made available under this heading
for activities eligible under the Puerto Rico Highway Program
and activities eligible under the Territorial Highway Program
shall be administered as if allocated under sections 165(b) and
165(c), respectively, of title 23, United States Code:
Provided further, That the funds made available under this
heading for activities eligible under the Puerto Rico Highway
Program shall not be subject to the requirements of sections
165(b)(2)(A) or 165(b)(2)(B) of such title: Provided further,
That not less than 25 percent of the funds made available under
this heading for the nationally significant Federal lands and
tribal projects program under section 1123 of the FAST Act
shall be for competitive grants to tribal governments:
Provided further, That for the purposes of funds made available
under this heading for a bridge replacement and rehabilitation
program, (1) the term ``State'' means any of the 50 States or
the District of Columbia, and (2) the term ``qualifying State''
means any State in which the percentage of total deck area of
bridges classified as in poor condition in such State is at
least 5 percent or in which the percentage of total bridges
classified as in poor condition in such State is at least 5
percent: Provided further, That, of the funds made available
under this heading for a bridge replacement and rehabilitation
program, the Secretary shall reserve $6,000,000 for each State
that does not meet the definition of a qualifying State:
Provided further, That, after making the reservations under the
preceding proviso, the Secretary shall distribute the remaining
funds made available under this heading for a bridge
replacement and rehabilitation program to each qualifying State
by the proportion that the percentage of total deck area of
bridges classified as in poor condition in such qualifying
State bears to the sum of the percentages of total deck area of
bridges classified as in poor condition in all qualifying
States: Provided further, That for the bridge replacement and
rehabilitation program:
(1) no qualifying State shall receive more than
$60,000,000;
(2) each State shall receive an amount not less than
$6,000,000; and
(3) after calculating the distribution of funds
pursuant to the preceding proviso, any amount in excess
of $60,000,000 shall be redistributed equally among
each State that does not meet the definition of a
qualifying State:
Provided further, That funds provided to States that do not
meet the definition of a qualifying State for the bridge
replacement and rehabilitation program shall be: (1) merged
with amounts made available to such State under this heading,
in paragraph (1) of the fourth proviso; (2) available for
activities eligible under paragraph (1) of the fourth proviso;
and (3) administered as if apportioned under chapter 1 of title
23, United States Code: Provided further, That, except as
provided in the preceding proviso, the funds made available
under this heading for a bridge replacement and rehabilitation
program shall be used for highway bridge replacement or
rehabilitation projects on public roads: Provided further,
That for purposes of this heading for the bridge replacement
and rehabilitation program, the Secretary shall calculate the
percentages of total deck area of bridges (including the
percentages of total deck area classified as in poor condition)
and the percentages of total bridge counts (including the
percentages of total bridges classified as in poor condition)
based on the National Bridge Inventory as of December 31, 2018:
Provided further, That for the purposes of funds made
available under this heading for construction of the
Appalachian Development Highway System, the term ``Appalachian
State'' means a State that contains 1 or more counties
(including any political subdivision located within the area)
in the Appalachian region as defined in section 14102(a) of
title 40, United States Code: Provided further, That funds
made available under this heading for construction of the
Appalachian Development Highway System shall remain available
until expended: Provided further, That a project carried out
with funds made available under this heading for construction
of the Appalachian Development Highway System shall be carried
out in the same manner as a project under section 14501 of
title 40, United States Code: Provided further, That subject
to the following proviso, funds made available under this
heading for construction of the Appalachian Development Highway
System shall be apportioned to Appalachian States according to
the percentages derived from the 2012 Appalachian Development
Highway System Cost-to-Complete Estimate, adopted in
Appalachian Regional Commission Resolution Number 736, and
confirmed as each Appalachian State's relative share of the
estimated remaining need to complete the Appalachian
Development Highway System, adjusted to exclude those corridors
that such States have no current plans to complete, as reported
in the 2013 Appalachian Development Highway System Completion
Report, unless those States have modified and assigned a higher
priority for completion of an Appalachian Development Highway
System corridor, as reported in the 2020 Appalachian
Development Highway System Future Outlook: Provided further,
That the Secretary shall adjust apportionments made under the
preceding proviso so that no Appalachian State shall be
apportioned an amount in excess of 30 percent of the amount
made available for construction of the Appalachian Development
Highway System under this heading: Provided further, That the
Secretary shall consult with the Appalachian Regional
Commission in making adjustments under the preceding two
provisos: Provided further, That the Federal share of the
costs for which an expenditure is made for construction of the
Appalachian Development Highway System under this heading shall
be up to 100 percent: Provided further, That the funds made
available under this heading, in paragraph (8) of the fourth
proviso, shall be available for projects eligible under section
130(a) of title 23, United States Code, for commuter
authorities, as defined in section 24102(2) of title 49, United
States Code, that experienced at least one accident
investigated by the National Transportation Safety Board
between January 1, 2008 and December 31, 2018, and for which
the National Transportation Safety Board issued an accident
report: Provided further, That for amounts made available
under this heading, in paragraphs (8), (9), and (10) of the
fourth proviso, the Federal share of the costs shall be, at the
option of the recipient, up to 100 percent.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2021, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative
expenses and programs by section 104(a) of
title 23, United States Code; and
(B) amounts authorized for the Bureau of
Transportation Statistics;
(2) not distribute an amount from the obligation
limitation for Federal-aid highways that is equal to
the unobligated balance of amounts--
(A) made available from the Highway Trust
Fund (other than the Mass Transit Account) for
Federal-aid highway and highway safety
construction programs for previous fiscal years
the funds for which are allocated by the
Secretary (or apportioned by the Secretary
under sections 202 or 204 of title 23, United
States Code); and
(B) for which obligation limitation was
provided in a previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not
distributed under paragraphs (1) and (2) of
this subsection; bears to
(B) the total of the sums authorized to be
appropriated for the Federal-aid highway and
highway safety construction programs (other
than sums authorized to be appropriated for
provisions of law described in paragraphs (1)
through (11) of subsection (b) and sums
authorized to be appropriated for section 119
of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for
such fiscal year), less the aggregate of the
amounts not distributed under paragraphs (1)
and (2) of this subsection;
(4) distribute the obligation limitation for Federal-
aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2), for each of
the programs (other than programs to which paragraph
(1) applies) that are allocated by the Secretary under
the Fixing America's Surface Transportation Act and
title 23, United States Code, or apportioned by the
Secretary under sections 202 or 204 of that title, by
multiplying--
(A) the proportion determined under paragraph
(3); by
(B) the amounts authorized to be appropriated
for each such program for such fiscal year; and
(5) distribute the obligation limitation for Federal-
aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2) and the
amounts distributed under paragraph (4), for Federal-
aid highway and highway safety construction programs
that are apportioned by the Secretary under title 23,
United States Code (other than the amounts apportioned
for the National Highway Performance Program in section
119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the
amounts apportioned under sections 202 and 204 of that
title) in the proportion that--
(A) amounts authorized to be appropriated for
the programs that are apportioned under title
23, United States Code, to each State for such
fiscal year; bears to
(B) the total of the amounts authorized to be
appropriated for the programs that are
apportioned under title 23, United States Code,
to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to
obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation
Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat.
2714);
(3) section 9 of the Federal-Aid Highway Act of 1981
(95 Stat. 1701);
(4) subsections (b) and (j) of section 131 of the
Surface Transportation Assistance Act of 1982 (96 Stat.
2119);
(5) subsections (b) and (c) of section 149 of the
Surface Transportation and Uniform Relocation
Assistance Act of 1987 (101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991 (105
Stat. 2027);
(7) section 157 of title 23, United States Code (as
in effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as
in effect for fiscal years 1998 through 2004, but only
in an amount equal to $639,000,000 for each of those
fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation
Equity Act for the 21st Century (112 Stat. 107) or
subsequent Acts for multiple years or to remain
available until expended, but only to the extent that
the obligation authority has not lapsed or been used;
(10) section 105 of title 23, United States Code (as
in effect for fiscal years 2005 through 2012, but only
in an amount equal to $639,000,000 for each of those
fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note;
119 Stat. 1248), to the extent that funds obligated in
accordance with that section were not subject to a
limitation on obligations at the time at which the
funds were initially made available for obligation; and
(12) section 119 of title 23, United States Code
(but, for each of fiscal years 2013 through 2021, only
in an amount equal to $639,000,000).
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year--
(1) revise a distribution of the obligation
limitation made available under subsection (a) if an
amount distributed cannot be obligated during that
fiscal year; and
(2) redistribute sufficient amounts to those States
able to obligate amounts in addition to those
previously distributed during that fiscal year, giving
priority to those States having large unobligated
balances of funds apportioned under sections 144 (as in
effect on the day before the date of enactment of
Public Law 112-141) and 104 of title 23, United States
Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2),
the obligation limitation for Federal-aid highways
shall apply to contract authority for transportation
research programs carried out under--
(A) chapter 5 of title 23, United States
Code; and
(B) title VI of the Fixing America's Surface
Transportation Act.
(2) Exception.--Obligation authority made available
under paragraph (1) shall--
(A) remain available for a period of 4 fiscal
years; and
(B) be in addition to the amount of any
limitation imposed on obligations for Federal-
aid highway and highway safety construction
programs for future fiscal years.
(e) Redistribution of certain authorized
funds.--
(1) In general.--Not later than 30 days after the
date of distribution of obligation limitation under
subsection (a), the Secretary shall distribute to the
States any funds (excluding funds authorized for the
program under section 202 of title 23, United States
Code) that--
(A) are authorized to be appropriated for
such fiscal year for Federal-aid highway
programs; and
(B) the Secretary determines will not be
allocated to the States (or will not be
apportioned to the States under section 204 of
title 23, United States Code), and will not be
available for obligation, for such fiscal year
because of the imposition of any obligation
limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under
paragraph (1) in the same proportion as the
distribution of obligation authority under subsection
(a)(5).
(3) Availability.--Funds distributed to each State
under paragraph (1) shall be available for any purpose
described in section 133(b) of title 23, United States
Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by
the Bureau of Transportation Statistics from the sale of data
products, for necessary expenses incurred pursuant to chapter
63 of title 49, United States Code, may be credited to the
Federal-aid highways account for the purpose of reimbursing the
Bureau for such expenses: Provided, That such funds shall be
subject to the obligation limitation for Federal-aid highway
and highway safety construction programs.
Sec. 122. Not less than 15 days prior to waiving, under his
or her statutory authority, any Buy America requirement for
Federal-aid highways projects, the Secretary of Transportation
shall make an informal public notice and comment opportunity on
the intent to issue such waiver and the reasons therefor:
Provided, That the Secretary shall provide an annual report to
the House and Senate Committees on Appropriations on any
waivers granted under the Buy America requirements.
Sec. 123. None of the funds made available in this Act may
be used to make a grant for a project under section 117 of
title 23, United States Code, unless the Secretary, at least 60
days before making a grant under that section, provides written
notification to the House and Senate Committees on
Appropriations of the proposed grant, including an evaluation
and justification for the project and the amount of the
proposed grant award: Provided, That the written notification
required in the preceding proviso shall be made not later than
180 days after the date of enactment of this Act.
Sec. 124. (a) A State or territory, as defined in section 165
of title 23, United States Code, may use for any project
eligible under section 133(b) of title 23 or section 165 of
title 23 and located within the boundary of the State or
territory any earmarked amount, and any associated obligation
limitation: Provided, That the Department of Transportation
for the State or territory for which the earmarked amount was
originally designated or directed notifies the Secretary of its
intent to use its authority under this section and submits an
annual report to the Secretary identifying the projects to
which the funding would be applied. Notwithstanding the
original period of availability of funds to be obligated under
this section, such funds and associated obligation limitation
shall remain available for obligation for a period of 3 fiscal
years after the fiscal year in which the Secretary is notified.
The Federal share of the cost of a project carried out with
funds made available under this section shall be the same as
associated with the earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in
rule XLIV of the Standing Rules of the Senate,
identified in a prior law, report, or joint explanatory
statement, and administered by the Federal Highway
Administration; or
(2) a congressional earmark, as defined in rule XXI
of the Rules of the House of Representatives,
identified in a prior law, report, or joint explanatory
statement, and administered by the Federal Highway
Administration.
(c) The authority under subsection (a) may be exercised only
for those projects or activities that have obligated less than
10 percent of the amount made available for obligation as of
October 1 of the current fiscal year, and shall be applied to
projects within the same general geographic area within 25
miles for which the funding was designated, except that a State
or territory may apply such authority to unexpended balances of
funds from projects or activities the State or territory
certifies have been closed and for which payments have been
made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories annually to
the House and Senate Committees on Appropriations.
Sec. 125. Until final guidance is published, the
Administrator of the Federal Highway Administration shall
adjudicate requests for Buy America waivers under the criteria
that were in effect prior to April 17, 2018.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(including transfers of funds)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety operations
and programs pursuant to section 31110 of title 49, United
States Code, as amended by the Fixing America's Surface
Transportation Act (Public Law 114-94), $328,143,124, to be
derived from the Highway Trust Fund (other than the Mass
Transit Account), of which $9,896,127 is to be transferred and
made available from prior year unobligated contract authority
provided for National Motor Carrier Safety Program or Motor
Carrier Safety in the Transportation Equity Act for the 21st
Century (Public Law 105-178), SAFETEA-LU (Public Law 109-59),
or other appropriations or authorization Acts, together with
advances and reimbursements received by the Federal Motor
Carrier Safety Administration, the sum of which shall remain
available until expended: Provided, That funds available for
implementation, execution, or administration of motor carrier
safety operations and programs authorized under title 49,
United States Code, shall not exceed total obligations of
$328,143,124, for ``Motor Carrier Safety Operations and
Programs'' for fiscal year 2021, of which $9,073,000, to remain
available for obligation until September 30, 2023, is for the
research and technology program, and of which not less than
$75,447,124, to remain available for obligation until September
30, 2023, is for development, modernization, enhancement,
continued operation, and maintenance of information technology
and information management.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(including transfers of funds)
For payment of obligations incurred in carrying out sections
31102, 31103, 31104, and 31313 of title 49, United States Code,
as amended by the Fixing America's Surface Transportation Act
(Public Law 114-94), $389,800,000, to be derived from the
Highway Trust Fund (other than the Mass Transit Account) and to
remain available until expended: Provided, That funds
available for the implementation or execution of motor carrier
safety programs shall not exceed total obligations of
$389,800,000 in fiscal year 2021 for ``Motor Carrier Safety
Grants'': Provided further, That of the sums appropriated
under this heading:
(1) $308,700,000 shall be available for the motor
carrier safety assistance program;
(2) $33,200,000 shall be available for the commercial
driver's license program implementation program;
(3) $45,900,000 shall be available for the high
priority activities program, of which $1,000,000 is to
be made available from prior year unobligated contract
authority provided for Motor Carrier Safety Grants in
the Transportation Equity Act for the 21st Century
(Public Law 105-178), SAFETEA-LU (Public Law 109-59),
or other appropriations or authorization Acts; and
(4) $2,000,000 shall be made available for commercial
motor vehicle operators grants, of which $1,000,000 is
to be made available from prior year unobligated
contract authority provided for Motor Carrier Safety
Grants in the Transportation Equity Act for the 21st
Century (Public Law 105-178), SAFETEA-LU (Public Law
109-59), or other appropriations or authorization Acts:
Provided further, That of the unobligated amounts provided
for Motor Carrier Safety Grants in the Transportation Equity
Act for the 21st Century (Public Law 105-178), SAFETEA-LU
(Public Law 109-59), the FAST Act (Public Law 114-94) or other
appropriation or authorization acts prior to fiscal year 2021,
$30,000,000 in additional obligation limitation, shall be
transferred and made available for a study of the cause of
large truck crashes and shall remain available until expended:
Provided further, That the activities funded by the previous
proviso may be accomplished through direct expenditure, direct
research activities, grants, cooperative agreements, contracts,
intra or interagency agreements, or other agreements with
public organizations: Provided further, That such amounts,
payments, and obligation limitation as may be necessary to
carry out the study of the cause of large truck crashes may be
transferred and credited to appropriate accounts of other
participating Federal agencies: Provided further, That
$30,000,000 for payment of obligations incurred in carrying out
this section shall be derived from the Highway Trust Fund
(other than the Mass Transit Account), to be available until
expended.
administrative provisions--federal motor carrier safety administration
Sec. 130. The Federal Motor Carrier Safety Administration
shall send notice of section 385.308 of title 49, Code of
Federal Regulations, violations by certified mail, registered
mail, or another manner of delivery, which records the receipt
of the notice by the persons responsible for the violations.
Sec. 131. The Federal Motor Carrier Safety Administration
shall update annual inspection regulations under Appendix G to
subchapter B of chapter III of title 49, Code of Federal
Regulations, as recommended by GAO-19-264.
Sec. 132. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or
any other Act may be obligated or expended to implement,
administer, or enforce the requirements of section 31137 of
title 49, United States Code, or any regulation issued by the
Secretary pursuant to such section, with respect to the use of
electronic logging devices by operators of commercial motor
vehicles, as defined in section 31132(1) of such title,
transporting livestock as defined in section 602 of the
Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471)
or insects.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety
authorized under chapter 301 and part C of subtitle VI of title
49, United States Code, $194,167,000, of which $40,000,000
shall remain available through September 30, 2022.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 403, including behavioral research on
Automated Driving Systems and Advanced Driver Assistance
Systems and improving consumer responses to safety recalls,
section 4011 of the Fixing America's Surface Transportation Act
(Public Law 114-94), and chapter 303 of title 49, United States
Code, $155,300,000, to be derived from the Highway Trust Fund
(other than the Mass Transit Account) and to remain available
until expended: Provided, That none of the funds in this Act
shall be available for the planning or execution of programs
the total obligations for which, in fiscal year 2021, are in
excess of $155,300,000: Provided further, That of the sums
appropriated under this heading--
(1) $149,800,000 shall be for programs authorized
under 23 U.S.C. 403, including behavioral research on
Automated Driving Systems and Advanced Driver
Assistance Systems and improving consumer responses to
safety recalls, and section 4011 of the Fixing
America's Surface Transportation Act (Public Law 114-
94); and
(2) $5,500,000 shall be for the National Driver
Register authorized under chapter 303 of title 49,
United States Code:
Provided further, That within the $155,300,000 obligation
limitation for operations and research, $20,000,000 shall
remain available until September 30, 2022, and $3,000,000, for
impaired driving detection, shall remain available until
expended, and shall be in addition to the amount of any
limitation imposed on obligations for future years: Provided
further, That amounts for behavioral research on Automated
Driving Systems and Advanced Driver Assistance Systems and
improving consumer responses to safety recalls are in addition
to any other funds provided for those purposes for fiscal year
2021 in this Act.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out
provisions of 23 U.S.C. 402, 404, and 405, and section
4001(a)(6) of the Fixing America's Surface Transportation Act
(Public Law 114-94), to remain available until expended,
$623,017,000, to be derived from the Highway Trust Fund (other
than the Mass Transit Account): Provided, That none of the
funds in this Act shall be available for the planning or
execution of programs for which the total obligations in fiscal
year 2021 are in excess of $623,017,000 for programs authorized
under 23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of
the Fixing America's Surface Transportation Act: Provided
further, That of the sums appropriated under this heading--
(1) $279,800,000 shall be for ``Highway Safety
Programs'' under 23 U.S.C. 402;
(2) $285,900,000 shall be for ``National Priority
Safety Programs'' under 23 U.S.C. 405;
(3) $30,500,000 shall be for the ``High Visibility
Enforcement Program'' under 23 U.S.C. 404; and
(4) $26,817,000 shall be for ``Administrative
Expenses'' under section 4001(a)(6) of the Fixing
America's Surface Transportation Act:
Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for
office furnishings and fixtures for State, local or private
buildings or structures: Provided further, That not to exceed
$500,000 of the funds made available for ``National Priority
Safety Programs'' under 23 U.S.C. 405 for ``Impaired Driving
Countermeasures'' (as described in subsection (d) of that
section) shall be available for technical assistance to the
States: Provided further, That with respect to the
``Transfers'' provision under 23 U.S.C. 405(a)(8), any amounts
transferred to increase the amounts made available under
section 402 shall include the obligation authority for such
amounts: Provided further, That the Administrator shall notify
the House and Senate Committees on Appropriations of any
exercise of the authority granted under the previous proviso or
under 23 U.S.C. 405(a)(8) within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available to
the National Highway Traffic Safety Administration, out of the
amount limited for section 402 of title 23, United States Code,
to pay for travel and related expenses for State management
reviews and to pay for core competency development training and
related expenses for highway safety staff.
Sec. 141. The limitations on obligations for the programs of
the National Highway Traffic Safety Administration set in this
Act shall not apply to obligations for which obligation
authority was made available in previous public laws but only
to the extent that the obligation authority has not lapsed or
been used.
Sec. 142. In addition to the amounts made available under
the heading, ``Operations and Research (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust
Fund)'' for carrying out the provisions of section 403 of title
23, United States Code, $17,000,000, to remain available until
September 30, 2022, shall be made available to the National
Highway Traffic Safety Administration from the general fund:
Provided, That of the sums provided under this provision--
(1) not to exceed $7,000,000 shall be available to
provide funding for grants, pilot program activities,
and innovative solutions to reduce impaired-driving
fatalities in collaboration with eligible entities
under section 403 of title 23, United States Code; and
(2) not to exceed $10,000,000 shall be available to
continue a high visibility enforcement paid-media
campaign regarding highway-rail grade crossing safety
in collaboration with the Federal Railroad
Administration.
Sec. 143. None of the funds in this Act or any other Act
shall be used to enforce the requirements of section 405(a)(9)
of title 23, United States Code.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $234,905,000, of
which $25,000,000 shall remain available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$41,000,000, to remain available until expended.
federal-state partnership for state of good repair
For necessary expenses related to Federal-State Partnership
for State of Good Repair Grants as authorized by section 24911
of title 49, United States Code, $200,000,000, to remain
available until expended: Provided, That expenses incidental
to the acquisition or construction (including designing,
engineering, location surveying, mapping, environmental
studies, and acquiring rights-of-way) of a capital project as
defined under section 24911(a)(2) of title 49, United States
Code, are eligible for funding independently or in conjunction
with proposed funding for construction: Provided further, That
the Secretary may withhold up to 1 percent of the amount
provided under this heading for the costs of award and project
management oversight of grants carried out under section 24911
of title 49, United States Code.
consolidated rail infrastructure and safety improvements
(including transfer of funds)
For necessary expenses related to Consolidated Rail
Infrastructure and Safety Improvements Grants, as authorized by
section 22907 of title 49, United States Code, $375,000,000, to
remain available until expended: Provided, That of the amounts
made available under this heading--
(1) not less than $75,000,000 shall be for projects
eligible under section 22907(c)(2) of title 49, United
States Code, that support the development of new
intercity passenger rail service routes including
alignments for existing routes: Provided, That the
Secretary shall give preference for pre-construction
elements including preliminary engineering and final
design of such projects; and
(2) not less than $25,000,000 shall be for capital
projects and engineering solutions targeting
trespassing: Provided, That the Secretary shall give
preference for such projects that are located in
counties with the most pedestrian trespasser casualties
as identified in the Federal Railroad Administration's
National Strategy to Prevent Trespassing on Railroad
Property:
Provided further, That section 22905(f) of title 49, United
States Code, shall not apply to projects for the implementation
of positive train control systems otherwise eligible under
section 22907(c)(1) of title 49, United States Code: Provided
further, That amounts made available under this heading for
projects selected for commuter rail passenger transportation
may be transferred by the Secretary, after selection, to the
appropriate agencies to be administered in accordance with
chapter 53 of title 49, United States Code: Provided further,
That the Secretary shall not limit eligible projects from
consideration for funding for planning, engineering,
environmental, construction, and design elements of the same
project in the same application: Provided further, That for
amounts available under this heading eligible recipients under
section 22907(b) of title 49, United States Code, shall include
any holding company of a Class II railroad or Class III
railroad (as those terms are defined in section 20102 of title
49, United States Code): Provided further, That unobligated
balances remaining after 6 years from the date of enactment of
this Act may be used for any eligible project under section
22907(c) of title 49, United States Code: Provided further,
That the Secretary may withhold up to 1 percent of the amount
provided under this heading for the costs of award and project
management oversight of grants carried out under section 22907
of title 49, United States Code.
magnetic levitation technology deployment program
For necessary expenses related to the deployment of magnetic
levitation transportation projects, consistent with language in
subsections (a) through (c) of section 1307 of SAFETEA-LU
(Public Law 109-59), as amended by section 102 of the SAFETEA-
LU Technical Corrections Act of 2008 (Public Law 110-244) (23
U.S.C. 322 note), $2,000,000, to remain available until
expended.
restoration and enhancement
For necessary expenses related to Restoration and Enhancement
Grants, as authorized by section 24408 of title 49, United
States Code, $4,720,000, to remain available until expended:
Provided, That the Secretary may withhold up to 1 percent of
the funds provided under this heading to fund the costs of
award and project management and oversight.
northeast corridor grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities
associated with the Northeast Corridor as authorized by section
11101(a) of the Fixing America's Surface Transportation Act
(division A of Public Law 114-94), $700,000,000, to remain
available until expended: Provided, That the Secretary may
retain up to one-half of 1 percent of the funds provided under
both this heading and the ``National Network Grants to the
National Railroad Passenger Corporation'' heading to fund the
costs of project management and oversight of activities
authorized by section 11101(c) of division A of Public Law 114-
94: Provided further, That in addition to the project
management oversight funds authorized under section 11101(c) of
division A of Public Law 114-94, the Secretary may retain up to
an additional $5,000,000 of the funds provided under this
heading to fund expenses associated with the Northeast Corridor
Commission established under section 24905 of title 49, United
States Code: Provided further, That of the amounts made
available under this heading and the ``National Network Grants
to the National Railroad Passenger Corporation'' heading, not
less than $75,000,000 shall be made available to bring Amtrak-
served facilities and stations into compliance with the
Americans with Disabilities Act: Provided further, That of the
amounts made available under this heading and the ``National
Network Grants to the National Railroad Passenger Corporation''
heading, $100,000,000 shall be made available to fund the
replacement of the single-level passenger cars used on the
Northeast Corridor, State-supported routes, and long-distance
routes, as such terms are defined in section 24102 of title 49,
United States Code.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities
associated with the National Network as authorized by section
11101(b) of the Fixing America's Surface Transportation Act
(division A of Public Law 114-94), $1,300,000,000, to remain
available until expended: Provided, That the Secretary may
retain up to an additional $2,000,000 of the funds provided
under this heading to fund expenses associated with the State-
Supported Route Committee established under section 24712 of
title 49, United States Code: Provided further, That at least
$50,000,000 of the amount provided under this heading shall be
available for the development, installation and operation of
railroad safety technology, including the implementation of a
positive train control system, on State-supported routes as
defined under section 24102(13) of title 49, United States
Code, on which positive train control systems are not required
by law or regulation: Provided further, That none of the funds
provided under this heading shall be used by Amtrak to give
notice under subsection (a) or (b) of section 24706 of title
49, United States Code, with respect to long-distance routes
(as defined in section 24102 of title 49, United States Code)
on which Amtrak is the sole operator on a host railroad's line
and a positive train control system is not required by law or
regulation, or, except in an emergency or during maintenance or
construction outages impacting such routes, to otherwise
discontinue, reduce the frequency of, suspend, or substantially
alter the route of rail service on any portion of such route
operated in fiscal year 2018, including implementation of
service permitted by section 24305(a)(3)(A) of title 49, United
States Code, in lieu of rail service.
administrative provisions--federal railroad administration
(including rescissions)
Sec. 150. None of the funds made available to the National
Railroad Passenger Corporation may be used to fund any overtime
costs in excess of $35,000 for any individual employee:
Provided, That the President of Amtrak may waive the cap set in
the preceding proviso for specific employees when the President
of Amtrak determines such a cap poses a risk to the safety and
operational efficiency of the system: Provided further, That
the President of Amtrak shall report to the House and Senate
Committees on Appropriations no later than 60 days after the
date of enactment of this Act, a summary of all overtime
payments incurred by Amtrak for 2020 and the 3 prior calendar
years: Provided further, That such summary shall include the
total number of employees that received waivers and the total
overtime payments Amtrak paid to employees receiving waivers
for each month for 2020 and for the 3 prior calendar years.
Sec. 151. None of the funds made available to the National
Railroad Passenger Corporation under the headings ``Northeast
Corridor Grants to the National Railroad Passenger
Corporation'' and ``National Network Grants to the National
Railroad Passenger Corporation'' may be used to reduce the
total number of Amtrak Police Department uniformed officers
patrolling on board passenger trains or at stations, facilities
or rights-of-way below the staffing level on May 1, 2019.
Sec. 152. None of the funds made available by this Act may
be used by the National Railroad Passenger Corporation in
contravention of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2101 et seq.).
Sec. 153. The matter under the heading ``Department of
Transportation--Federal Railroad Administration--Consolidated
Rail Infrastructure and Safety Improvements''--
(1) in division G of the Consolidated Appropriations
Act, 2019 (Public Law 116-6) is amended by striking ``4
years'' and inserting ``6 years'' in the fourth
proviso; and
(2) in division H of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) is amended
by striking ``4 years'' and inserting ``6 years'' in
the fourth proviso.
Sec. 154. Of the unobligated balances of funds remaining
from--
(1) ``Capital and Debt Service Grants to the National
Railroad Passenger Corporation'' accounts totaling
$10,458,135.54 appropriated by the following public
laws are hereby permanently rescinded:
(A) Public Law 112-10 a total of $289,234.48;
(B) Public Law 112-55 a total of
$4,760,000.00;
(C) Public Law 113-76 a total of $792,502.52;
(D) Public Law 113-235 a total of
$1,698,806.61; and
(E) Public Law 114-113 a total of
$2,917,591.93;
(2) ``Railroad Safety Technology Program'' account
totaling $613,252.29 appropriated by Public Law 111-117
is hereby permanently rescinded;
(3) ``Capital Assistance to States--Intercity
Passenger Rail Service'' account totaling
$10,164,885.13 appropriated by Public Law 111-8 is
hereby permanently rescinded;
(4) ``Rail Line Relocation and Improvement Program''
accounts totaling $12,650,365.14 appropriated by the
following public laws are hereby permanently rescinded:
(A) Public Law 110-161 a total of
$923,214.63;
(B) Public Law 111-8 a total of
$5,558,233.95;
(C) Public Law 111-117 a total of
$3,763,767.95; and
(D) Public Law 112-10 a total of
$2,405,148.61; and
(5) ``Next Generation High-Speed Rail'' accounts
totaling $3,034,848.52 appropriated by the following
public laws are hereby permanently rescinded:
(A) Public Law 104-50 a total of $610,807.00;
(B) Public Law 104-205 a total of $5,963.71;
(C) Public Law 105-66 a total of
$1,218,742.47;
(D) Public Law 105-277 a total of $17,097.00;
(E) Public Law 106-69 a total of
$1,005,969.00;
(F) Public Law 108-7 a total of $43,951.57;
(G) Public Law 108-199 a total of $24,263.48;
and
(H) Public Law 108-447 a total of
$108,054.29.
Sec. 155. It is the sense of Congress that--
(1) long-distance passenger rail routes provide much-
needed transportation access for 4,700,000 riders in
325 communities in 40 States and are particularly
important in rural areas; and
(2) long-distance passenger rail routes and services
should be sustained to ensure connectivity throughout
the National Network (as defined in section 24102 of
title 49, United States Code).
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49,
United States Code, $121,052,000 which shall remain available
until September 30, 2022, and up to $1,000,000 shall be
available to carry out the provisions of section 5326 of such
title: Provided, That upon submission to the Congress of the
fiscal year 2022 President's budget, the Secretary of
Transportation shall transmit to Congress the annual report on
Capital Investment Grants, including proposed allocations for
fiscal year 2022.
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for
payment of obligations incurred in carrying out the provisions
of 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314, 5318,
5329(e)(6), 5335, 5337, 5339, and 5340, as amended by the
Fixing America's Surface Transportation Act, section 20005(b)
of Public Law 112-141, and section 3006(b) of the Fixing
America's Surface Transportation Act, $10,800,000,000, to be
derived from the Mass Transit Account of the Highway Trust Fund
and to remain available until expended: Provided, That funds
available for the implementation or execution of programs
authorized under 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314,
5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as amended by the
Fixing America's Surface Transportation Act, section 20005(b)
of Public Law 112-141, and section 3006(b) of the Fixing
America's Surface Transportation Act, shall not exceed total
obligations of $10,150,348,462 in fiscal year 2021: Provided
further, That the Federal share of the cost of activities
carried out under 49 U.S.C. section 5312 shall not exceed 80
percent, except that if there is substantial public interest or
benefit, the Secretary may approve a greater Federal share.
transit infrastructure grants
For an additional amount for buses and bus facilities grants
under section 5339 of title 49, United States Code, low or no
emission grants under section 5339(c) of such title, formula
grants to rural areas under section 5311 of such title, high
density state apportionments under section 5340(d) of such
title, state of good repair grants under section 5337 of such
title, ferry boats grants under section 5307(h) of such title,
bus testing facilities under section 5318 of such title, grants
to areas of persistent poverty, innovative mobility solutions
grants under section 5312 of such title, and accelerating
innovative mobility initiative grants under section 5312 such
title, $516,220,000, to remain available until expended:
Provided, That of the sums provided under this heading--
(1) $243,000,000 shall be available for the buses and
bus facilities grants as authorized under section 5339
of such title, of which $118,000,000 shall be available
for the buses and bus facilities formula grants as
authorized under section 5339(a) of such title, and
$125,000,000 shall be available for buses and bus
facilities competitive grants as authorized under
section 5339(b) of such title;
(2) $125,000,000 shall be available for the low or no
emission grants as authorized under section 5339(c) of
such title: Provided, That the minimum grant award
shall be not less than $750,000;
(3) $40,000,000 shall be available for formula grants
for rural areas as authorized under section 5311 of
such title;
(4) $40,000,000 shall be available for the high
density state apportionments as authorized under
section 5340(d) of such title;
(5) $40,000,000 shall be available for state of good
repair grants as authorized under section 5337 of such
title;
(6) $8,000,000 shall be available for ferry boat
grants as authorized under section 5307(h) of such
title: Provided, That of the amounts provided under
this subparagraph, $4,000,000 shall only be available
for low or zero-emission ferries or ferries using
electric battery or fuel cell components and the
infrastructure to support such ferries;
(7) $2,000,000 shall be available for the operation
and maintenance of the bus testing facilities selected
under section 5318 of such title;
(8) $16,220,000 shall be available for competitive
grants to eligible entities to assist areas of
persistent poverty: Provided, That the term ``areas of
persistent poverty'' means any county that has
consistently had greater than or equal to 20 percent of
the population living in poverty during the 30 year
period preceding the date of enactment of this Act, as
measured by the 1990 and 2000 decennial census and the
most recent Small Area Income and Poverty Estimates as
estimated by the Bureau of the Census; any census tract
with a poverty rate of at least 20 percent as measured
by the 2014-2018 5-year data series available from the
American Community Survey of the Bureau of the Census;
or any territory or possession of the United States:
Provided further, That grants shall be for planning,
engineering, or development of technical or financing
plans for projects eligible under chapter 53 of title
49, United States Code: Provided further, That
eligible entities are those defined as eligible
recipients or subrecipients under sections 5307, 5310
or 5311 of title 49, United States Code, and are in
areas of persistent poverty: Provided further, That
the Federal Transit Administration should complete
outreach to such counties and the departments of
transportation within applicable States via personal
contact, webinars, web materials and other appropriate
methods determined by the Administrator of the Federal
Transit Administration: Provided further, That State
departments of transportation may apply on behalf of
eligible entities within their States: Provided
further, That the Federal Transit Administration should
encourage grantees to work with non-profits or other
entities of their choosing in order to develop
planning, technical, engineering, or financing plans:
Provided further, That the Federal Transit
Administration shall encourage grantees to partner with
non-profits that can assist with making projects low or
no emissions;
(9) $1,000,000 shall be available for the
demonstration and deployment of innovative mobility
solutions as authorized under section 5312 of title 49,
United States Code: Provided, That such amounts shall
be available for competitive grants or cooperative
agreements for the development of software to
facilitate the provision of demand-response public
transportation service that dispatches public
transportation fleet vehicles through riders mobile
devices or other advanced means: Provided further,
That the Secretary shall evaluate the potential for
software developed with grants or cooperative
agreements to be shared for use by public
transportation agencies; and
(10) $1,000,000 shall be for the accelerating
innovative mobility initiative as authorized under
section 5312 of title 49, United States Code:
Provided, That such amounts shall be available for
competitive grants to improve mobility and enhance the
rider experience with a focus on innovative service
delivery models, creative financing, novel
partnerships, and integrated payment solutions in order
to help disseminate proven innovation mobility
practices throughout the public transportation
industry:
Provided further, That projects funded under paragraph (8) of
this heading shall be for not less than 90 percent of the net
total project cost: Provided further, That amounts made
available by this heading shall be derived from the general
fund: Provided further, That the amounts made available under
this heading shall not be subject to any limitation on
obligations for transit programs set forth in any Act.
technical assistance and training
For necessary expenses to carry out section 5314 of title 49,
United States Code, $7,500,000, to remain available until
September 30, 2022: Provided, That the assistance provided
under this heading does not duplicate the activities of section
5311(b) or section 5312 of title 49, United States Code.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United States
Code, and section 3005(b) of the Fixing America's Surface
Transportation Act (Public Law 114-94), $2,014,000,000, to
remain available until September 30, 2024: Provided, That of
the amounts made available under this heading, $1,169,000,000
shall be available for projects authorized under section
5309(d) of title 49, United States Code, $525,000,000 shall be
available for projects authorized under section 5309(e) of
title 49, United States Code, $200,000,000 shall be available
for projects authorized under section 5309(h) of title 49,
United States Code, and $100,000,000 shall be available for
projects authorized under section 3005(b) of the Fixing
America's Surface Transportation Act: Provided further, That
the Secretary shall continue to administer the capital
investment grants program in accordance with the procedural and
substantive requirements of section 5309 of title 49, United
States Code, and of section 3005(b) of the Fixing America's
Surface Transportation Act: Provided further, That projects
that receive a grant agreement under the Expedited Project
Delivery for Capital Investment Grants Pilot Program under
section 3005(b) of the Fixing America's Surface Transportation
Act shall be deemed eligible for funding provided for projects
under section 5309 of title 49, United States Code, without
further evaluation or rating under such section: Provided
further, That such funding shall not exceed the Federal share
under section 3005(b): Provided Further, That funds allocated
pursuant to 49 U.S.C. 5309 to any project during fiscal years
2015 or 2017 shall remain allocated to that project until
December 31, 2021.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of the
Passenger Rail Investment and Improvement Act of 2008 (Public
Law 110-432), $150,000,000, to remain available until expended:
Provided, That the Secretary of Transportation shall approve
grants for capital and preventive maintenance expenditures for
the Washington Metropolitan Area Transit Authority only after
receiving and reviewing a request for each specific project:
Provided further, That the Secretary shall determine that the
Washington Metropolitan Area Transit Authority has placed the
highest priority on those investments that will improve the
safety of the system before approving such grants: Provided
further, That the Secretary, in order to ensure safety
throughout the rail system, may waive the requirements of
section 601(e)(1) of division B of the Passenger Rail
Investment and Improvement Act of 2008 (Public Law 110-432).
administrative provisions--federal transit administration
(including rescissions)
Sec. 160. The limitations on obligations for the programs of
the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made available
for obligation.
Sec. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the heading ``Capital
Investment Grants'' of the Federal Transit Administration for
projects specified in this Act or identified in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act) not obligated by September
30, 2024, and other recoveries, shall be directed to projects
eligible to use the funds for the purposes for which they were
originally provided.
Sec. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2020, under any section of
chapter 53 of title 49, United States Code, that remain
available for expenditure, may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 163. None of the funds made available by this Act or
any other Act shall be used to adjust apportionments or
withhold funds from apportionments pursuant to section
9503(e)(4) of the Internal Revenue Code of 1986 (26 U.S.C.
9503(e)(4)).
Sec. 164. An eligible recipient of a grant under section
5339(c) may submit an application in partnership with other
entities, including a transit vehicle manufacturer, that intend
to participate in the implementation of a project under section
5339(c) of title 49, United States Code, and a project awarded
with such partnership shall be treated as satisfying the
requirement for a competitive procurement under section 5325(a)
of title 49, United States Code, for the named entity.
Sec. 165. None of the funds made available by this Act or
any other Act shall be used to impede or hinder project
advancement or approval for any project seeking a Federal
contribution from the capital investment grant program of
greater than 40 percent of project costs as authorized under
section 5309 of title 49, United States Code.
Sec. 166. None of the funds made available in this Act may
be used by the Department of Transportation to implement any
policy that requires a capital investment grant project to
receive a medium or higher project rating before taking actions
to finalize an environmental impact statement.
Sec. 167. Of the unobligated amounts made available for
prior fiscal years to Formula Grants in Treasury Account 69-X-
1129, a total of $1,606,849 are hereby permanently rescinded:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency or disaster
relief requirement pursuant to a concurrent resolution on the
budget or the Balanced Budget and Emergency Deficit Control Act
of 1985.
Sec. 168. Of the unobligated amounts made available for the
Job Access and Reverse Commute program, as authorized by Public
Law 105-178, as amended, a total of $320,230 are hereby
permanently rescinded.
Sec. 169. Of the unobligated amounts made available for
Research, Training, and Human Resources, as authorized by
Public Law 95-599, as amended, a total of $31,634 are hereby
permanently rescinded.
Sec. 169A. Any unexpended balances from amounts previously
appropriated for low or no emission vehicle component
assessment under 49 U.S.C. 5312(h) under the headings ``Transit
Formula Grants'' and ``Transit Infrastructure Grants'' in
fiscal years 2016 through 2020 may be used by the facilities
selected for such vehicle component assessment for capital
projects in order to build new infrastructure and enhance
existing facilities in order to expand bus and component
testing capability, in accordance with the industry stakeholder
testing objectives and capabilities as outlined through the
work of the Federal Transit Administration Transit Vehicle
Innovation and Deployment Centers program and included in the
Center for Transportation and the Environment report submitted
to the Federal Transit Administration for review.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to the Corporation, and
in accord with law, and to make such contracts and commitments
without regard to fiscal year limitations, as provided by
section 9104 of title 31, United States Code, as may be
necessary in carrying out the programs set forth in the
Corporation's budget for the current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations,
maintenance, and capital infrastructure activities on portions
of the Saint Lawrence Seaway owned, operated, and maintained by
the Saint Lawrence Seaway Development Corporation, $38,000,000,
to be derived from the Harbor Maintenance Trust Fund, pursuant
to section 210 of the Water Resources Development Act of 1986
(33 U.S.C. 2238): Provided, That of the amounts made available
under this heading, not less than $14,500,000 shall be for the
seaway infrastructure program.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $314,007,780, to remain available until
expended, of which $7,780 shall be derived from unobligated
balances from prior year appropriations available under this
heading.
cable security fleet
For the Cable Security Fleet program, as authorized by
chapter 532 of title 46, United States Code, $10,000,000, to
remain available until expended.
operations and training
(including transfer of funds)
For necessary expenses of operations and training activities
authorized by law, $155,616,000: Provided, That of the amounts
made available under this heading--
(1) $80,000,000, to remain available until September
30, 2022, shall be for the operations of the United
States Merchant Marine Academy;
(2) $5,944,000, to remain available until expended,
shall be for facilities maintenance and repair, and
equipment, at the United States Merchant Marine
Academy;
(3) $3,000,000, to remain available until September
30, 2022, shall be for the Maritime Environmental and
Technical Assistance program authorized under section
50307 of title 46, United States Code; and
(4) $10,819,000, to remain available until expended,
shall be for the Short Sea Transportation Program
(America's Marine Highways) to make grants for the
purposes authorized under paragraphs (1) and (3) of
section 55601(b) of title 46, United States Code:
Provided further, That the Administrator of the Maritime
Administration shall transmit to the House and Senate
Committees on Appropriations the annual report on sexual
assault and sexual harassment at the United States Merchant
Marine Academy as required pursuant to section 3510 of the
National Defense Authorization Act for Fiscal Year 2017 (46
U.S.C. 51318): Provided further, That available balances under
this heading for the Short Sea Transportation Program
(America's Marine Highways) from prior year recoveries shall be
available to carry out activities authorized under paragraphs
(1) and (3) of section 55601(b) of title 46, United States
Code: Provided further, That any unobligated balances and
obligated balances not yet expended from previous
appropriations under this heading for programs and activities
supporting State Maritime Academies shall be transferred to and
merged with the appropriations for ``Maritime Administration--
State Maritime Academy Operations'' and shall be made available
for the same purposes as the appropriations for ``Maritime
Administration--State Maritime Academy Operations''.
state maritime academy operations
For necessary expenses of operations, support, and training
activities for State Maritime Academies, $432,700,000:
Provided, That of the sums appropriated under this heading--
(1) $30,500,000, to remain available until expended,
shall be for maintenance, repair, life extension,
insurance, and capacity improvement of National Defense
Reserve Fleet training ships, and for support of
training ship operations at the State Maritime
Academies, of which $8,500,000, to remain available
until expended, shall be for expenses related to
training mariners; and for costs associated with
training vessel sharing pursuant to 46 U.S.C.
51504(g)(3) for costs associated with mobilizing,
operating and demobilizing the vessel, including travel
costs for students, faculty and crew, the costs of the
general agent, crew costs, fuel, insurance, operational
fees, and vessel hire costs, as determined by the
Secretary;
(2) $390,000,000, to remain available until expended,
shall be for the National Security Multi-Mission Vessel
Program, including funds for construction, planning,
administration, and design of school ships;
(3) $2,400,000 to remain available through September
30, 2022, shall be for the Student Incentive Program;
(4) $3,800,000 shall remain available until expended,
shall be for training ship fuel assistance; and
(5) $6,000,000, to remain available until September
30, 2022, shall be for direct payments for State
Maritime Academies.
assistance to small shipyards
To make grants to qualified shipyards as authorized under
section 54101 of title 46, United States Code, $20,000,000, to
remain available until expended.
ship disposal
For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $4,200,000, to remain available until expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed loan
program, $3,000,000, which shall be transferred to and merged
with the appropriations for ``Maritime Administration--
Operations and Training''.
port infrastructure development program
To make grants to improve port facilities as authorized under
section 50302(c) of title 46, United States Code, $230,000,000,
to remain available until expended: Provided, That projects
eligible for amounts made available under this heading shall be
projects for coastal seaports, inland river ports, or Great
Lakes ports: Provided further, That of the amounts made
available under this heading, not less than $205,000,000 shall
be for coastal seaports or Great Lakes ports: Provided
further, That the Maritime Administration shall distribute
amounts made available under this heading as discretionary
grants to port authorities or commissions or their subdivisions
and agents under existing authority, as well as to a State or
political subdivision of a State or local government, a Tribal
Government, a public agency or publicly chartered authority
established by one or more States, a special purpose district
with a transportation function, a multistate or
multijurisdictional group of entities, or a lead entity
described above jointly with a private entity or group of
private entities: Provided further, That projects eligible for
amounts made available under this heading shall be designed to
improve the safety, efficiency, or reliability of the movement
of goods into, out of, around, or within a port and located--
(1) within the boundary of a port; or
(2) outside the boundary of a port, and directly
related to port operations, or to an intermodal
connection to a port:
Provided further, That project awards eligible under this
heading shall be only for--
(1) port gate improvements;
(2) road improvements both within and connecting to
the port;
(3) rail improvements both within and connecting to
the port;
(4) berth improvements (including docks, wharves,
piers and dredging incidental to the improvement
project);
(5) fixed landside improvements in support of cargo
operations (such as silos, elevators, conveyors,
container terminals, Ro/Ro structures including parking
garages necessary for intermodal freight transfer,
warehouses including refrigerated facilities, lay-down
areas, transit sheds, and other such facilities);
(6) utilities necessary for safe operations
(including lighting, stormwater, and other such
improvements that are incidental to a larger
infrastructure project); or
(7) a combination of activities described above:
Provided further, That the Federal share of the costs for
which an amount is provided under this heading shall be up to
80 percent: Provided further, That for grants awarded under
this heading, the minimum grant size shall be $1,000,000:
Provided further, That for grant awards less than $10,000,000,
the Secretary shall prioritize ports that handled less than
10,000,000 short tons in 2017, as identified by the Corps of
Engineers: Provided further, That for grant awards less than
$10,000,000, the Secretary may increase the Federal share of
costs above 80 percent: Provided further, That not to exceed 2
percent of the amounts made available under this heading shall
be available for necessary costs of grant administration.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act,
in addition to any existing authority, the Maritime
Administration is authorized to furnish utilities and services
and make necessary repairs in connection with any lease,
contract, or occupancy involving Government property under
control of the Maritime Administration: Provided, That
payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain
available until expended: Provided further, That rental
payments under any such lease, contract, or occupancy for items
other than such utilities, services, or repairs shall be
deposited into the Treasury as miscellaneous receipts.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and
Hazardous Materials Safety Administration, $28,715,000, of
which $4,500,000 shall remain available until September 30,
2023.
hazardous materials safety
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials Safety
Administration, $62,000,000, of which $14,000,000 shall remain
available until September 30, 2023: Provided, That up to
$800,000 in fees collected under 49 U.S.C. 5108(g) shall be
deposited in the general fund of the Treasury as offsetting
receipts: Provided further, That there may be credited to this
appropriation, to be available until expended, funds received
from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for
training, for reports publication and dissemination, and for
travel expenses incurred in performance of hazardous materials
exemptions and approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the
pipeline program responsibilities of the Oil Pollution Act of
1990, $168,000,000, to remain available until September 30,
2023, of which $23,000,000 shall be derived from the Oil Spill
Liability Trust Fund; of which $137,000,000 shall be derived
from the Pipeline Safety Fund; and of which $8,000,000 shall be
derived from fees collected under 49 U.S.C. 60302 and deposited
in the Underground Natural Gas Storage Facility Safety Account
for the purpose of carrying out 49 U.S.C. 60141: Provided,
That not less than $1,058,000 of the funds provided under this
heading shall be for the One-Call State grant program:
Provided further, That any amounts provided under this heading
in this Act or in prior Acts for research contracts, grants,
cooperative agreements or research other transactions
agreements (``OTAs'') shall require written notification to the
House and Senate Committees on Appropriations not less than 3
full business days before such research contracts, grants,
cooperative agreements, or research OTAs are announced by the
Department of Transportation: Provided further, That the
Administrator may obligate amounts made available under this
heading to engineer, erect, alter, and repair buildings or make
any other public improvements for research facilities at the
Transportation Technology Center after the Administrator
submits an updated research plan to the House and Senate
Committees on Appropriations and after such plan is approved by
the House and Senate Committees on Appropriations.
emergency preparedness grants
(limitation on obligations)
(emergency preparedness fund)
For expenses necessary to carry out the Emergency
Preparedness Grants program, not more than $28,318,000 shall
remain available until September 30, 2023, from amounts made
available by section 5116(h) and subsections (b) and (c) of
section 5128 of title 49, United States Code: Provided, That
notwithstanding section 5116(h)(4) of title 49, United States
Code, not more than 4 percent of the amounts made available
from this account shall be available to pay administrative
costs: Provided further, That notwithstanding subsections (b)
and (c) of section 5128 of title 49, United States Code, and
the limitation on obligations provided under this heading,
prior year recoveries recognized in the current year shall be
available to develop and deliver hazardous materials emergency
response training for emergency responders, including response
activities for the transportation of crude oil, ethanol,
flammable liquids, and other hazardous commodities by rail,
consistent with National Fire Protection Association standards,
and to make such training available through an electronic
format: Provided further, That the prior year recoveries made
available under this heading shall also be available to carry
out sections 5116(a)(1)(C), 5116(h), 5116(i), and 5107(e) of
title 49, United States Code.
administrative provisions--pipeline and hazardous materials safety
administration
Sec. 180. In addition to the amounts made available under
the heading, ``Emergency Preparedness Grants'', $1,000,000, to
remain available until September 30, 2023, shall be made
available to the Pipeline and Hazardous Materials Safety
Administration from the general fund of the Treasury, in
addition to amounts otherwise available for such purposes, to
develop and deliver hazardous materials emergency response
training for emergency responders, including response
activities for the transportation of crude oil, ethanol,
flammable liquids, and other hazardous commodities by rail,
consistent with National Fire Protection Association standards,
and to make such training available through an electronic
format.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General to
carry out the provisions of the Inspector General Act of 1978,
as amended, $98,150,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the duties
specified in the Inspector General Act, as amended (5 U.S.C.
App. 3), to investigate allegations of fraud, including false
statements to the government (18 U.S.C. 1001), by any person or
entity that is subject to regulation by the Department of
Transportation.
General Provisions--Department of Transportation
Sec. 190. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries on
official department business; and uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5,
United States Code.
(b) During the current fiscal year, applicable appropriations
to the Department and its operating administrations shall be
available for the purchase, maintenance, operation, and
deployment of unmanned aircraft systems that advance the
missions of the Department of Transportation or an operating
administration of the Department of Transportation.
(c) Any unmanned aircraft system purchased, procured, or
contracted for by the Department prior to the date of enactment
of this Act shall be deemed authorized by Congress as if this
provision was in effect when the system was purchased,
procured, or contracted for.
Sec. 191. Appropriations contained in this Act for the
Department of Transportation shall be available for services as
authorized by section 3109 of title 5, United States Code, but
at rates for individuals not to exceed the per diem rate
equivalent to the rate for an Executive Level IV.
Sec. 192. (a) No recipient of amounts made available by this
Act shall disseminate personal information (as defined in
section 2725(3) of title 18, United States Code) obtained by a
State department of motor vehicles in connection with a motor
vehicle record as defined in section 2725(1) of title 18,
United States Code, except as provided in section 2721 of title
18, United States Code, for a use permitted under section 2721
of title 18, United States Code.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold amounts made available by this Act for any grantee if
a State is in noncompliance with this provision.
Sec. 193. None of the funds made available by this Act shall
be available for salaries and expenses of more than 125
political and Presidential appointees in the Department of
Transportation: Provided, That none of the personnel covered
by this provision may be assigned on temporary detail outside
the Department of Transportation.
Sec. 194. Funds received by the Federal Highway
Administration and Federal Railroad Administration from States,
counties, municipalities, other public authorities, and private
sources for expenses incurred for training may be credited
respectively to the Federal Highway Administration's ``Federal-
Aid Highways'' account and to the Federal Railroad
Administration's ``Safety and Operations'' account, except for
State rail safety inspectors participating in training pursuant
to section 20105 of title 49, United States Code.
Sec. 195. None of the funds made available by this Act to
the Department of Transportation may be used to make a loan,
loan guarantee, line of credit, letter of intent, federally
funded cooperative agreement, full funding grant agreement, or
discretionary grant unless the Secretary of Transportation
notifies the House and Senate Committees on Appropriations not
less than 3 full business days before any project competitively
selected to receive any discretionary grant award, letter of
intent, loan commitment, loan guarantee commitment, line of
credit commitment, federally funded cooperative agreement, or
full funding grant agreement is announced by the Department or
its operating administrations: Provided, That the Secretary of
Transportation shall provide the House and Senate Committees on
Appropriations with a comprehensive list of all such loans,
loan guarantees, lines of credit, letters of intent, federally
funded cooperative agreements, full funding grant agreements,
and discretionary grants prior to the notification required
under the previous proviso: Provided further, That the
Secretary gives concurrent notification to the House and Senate
Committees on Appropriations for any ``quick release'' of funds
from the emergency relief program: Provided further, That no
notification shall involve funds that are not available for
obligation.
Sec. 196. Rebates, refunds, incentive payments, minor fees,
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the
subleasing of building space, and miscellaneous sources are to
be credited to appropriations of the Department of
Transportation and allocated to elements of the Department of
Transportation using fair and equitable criteria and such funds
shall be available until expended.
Sec. 197. Amounts made available by this Act or any prior
Act that the Secretary determines represent improper payments
by the Department of Transportation to a third-party contractor
under a financial assistance award, which are recovered
pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper
payments: Provided, That amounts made available by
this Act shall be available until expended; and
(2) to pay contractors for services provided in
recovering improper payments or contractor support in
the implementation of the Improper Payments Information
Act of 2002 (Public Law 107-300), as amended by the
Improper Payments Elimination and Recovery Act of 2010
(Public Law 111-204) and Improper Payments Elimination
and Recovery Improvement Act of 2012 (Public Law 112-
248), and Fraud Reduction and Data Analytics Act of
2015 (Public Law 114-186): Provided, That amounts in
excess of that required for paragraphs (1) and (2)--
(A) shall be credited to and merged with the
appropriation from which the improper payments
were made, and shall be available for the
purposes and period for which such
appropriations are available: Provided
further, That where specific project or
accounting information associated with the
improper payment or payments is not readily
available, the Secretary may credit an
appropriate account, which shall be available
for the purposes and period associated with the
account so credited; or
(B) if no such appropriation remains
available, shall be deposited in the Treasury
as miscellaneous receipts: Provided further,
That prior to depositing such recovery in the
Treasury, the Secretary shall notify the House
and Senate Committees on Appropriations of the
amount and reasons for such transfer: Provided
further, That for purposes of this section, the
term ``improper payments'' has the same meaning
as that provided in section 2(e)(2) of the
Improper Payments Elimination and Recovery Act
of 2010 (Public Law 111-204).
Sec. 198. Notwithstanding any other provision of law, if any
funds provided by or limited by this Act are subject to a
reprogramming action that requires notice to be provided to the
House and Senate Committees on Appropriations, transmission of
such reprogramming notice shall be provided solely to the House
and Senate Committees on Appropriations, and such reprogramming
action shall be approved or denied solely by the House and
Senate Committees on Appropriations: Provided, That the
Secretary of Transportation may provide notice to other
congressional committees of the action of the House and Senate
Committees on Appropriations on such reprogramming but not
sooner than 30 days after the date on which the reprogramming
action has been approved or denied by the House and Senate
Committees on Appropriations.
Sec. 199. Funds appropriated by this Act to the operating
administrations may be obligated for the Office of the
Secretary for the costs related to assessments or reimbursable
agreements only when such amounts are for the costs of goods
and services that are purchased to provide a direct benefit to
the applicable operating administration or administrations.
Sec. 199A. The Secretary of Transportation is authorized to
carry out a program that establishes uniform standards for
developing and supporting agency transit pass and transit
benefits authorized under section 7905 of title 5, United
States Code, including distribution of transit benefits by
various paper and electronic media.
Sec. 199B. The Department of Transportation may use funds
provided by this Act, or any other Act, to assist a contract
under title 49 U.S.C. or title 23 U.S.C. utilizing geographic,
economic, or any other hiring preference not otherwise
authorized by law, or to amend a rule, regulation, policy or
other measure that forbids a recipient of a Federal Highway
Administration or Federal Transit Administration grant from
imposing such hiring preference on a contract or construction
project with which the Department of Transportation is
assisting, only if the grant recipient certifies the following:
(1) that except with respect to apprentices or
trainees, a pool of readily available but unemployed
individuals possessing the knowledge, skill, and
ability to perform the work that the contract requires
resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the
contractor does not displace any of its existing
employees in order to satisfy such hiring preference;
and
(3) that any increase in the cost of labor, training,
or delays resulting from the use of such hiring
preference does not delay or displace any
transportation project in the applicable Statewide
Transportation Improvement Program or Transportation
Improvement Program.
Sec. 199C. The Secretary of Transportation shall coordinate
with the Secretary of Homeland Security to ensure that best
practices for Industrial Control Systems Procurement are up-to-
date and shall ensure that systems procured with funds provided
under this title were procured using such practices.
Sec. 199D. None of the funds made available by this Act to
the Department of Transportation may be used in contravention
of section 306108 of title 54, United States Code.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2021''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices,
which shall be comprised of the offices of the Secretary,
Deputy Secretary, Adjudicatory Services, Congressional and
Intergovernmental Relations, Public Affairs, Small and
Disadvantaged Business Utilization, and the Center for Faith-
Based and Neighborhood Partnerships, $17,292,000, to remain
available until September 30, 2022: Provided, That not to
exceed $25,000 of the amount made available under this heading
shall be available to the Secretary of Housing and Urban
Development (referred to in this title as ``the Secretary'')
for official reception and representation expenses as the
Secretary may determine.
administrative support offices
For necessary salaries and expenses for Administrative
Support Offices, $576,689,000, to remain available until
September 30, 2022: Provided, That of the sums appropriated
under this heading--
(1) $74,462,000 shall be available for the Office of
the Chief Financial Officer;
(2) $107,254,000 shall be available for the Office of
the General Counsel, of which not less than $20,050,000
shall be for the Departmental Enforcement Center;
(3) $207,693,000 shall be available for the Office of
Administration, of which not more than $10,000,000 may
be for modernizing the Weaver Building and space
consolidation;
(4) $38,933,000 shall be available for the Office of
the Chief Human Capital Officer;
(5) $59,652,000 shall be available for the Office of
Field Policy and Management;
(6) $21,013,000 shall be available for the Office of
the Chief Procurement Officer;
(7) $4,239,000 shall be available for the Office of
Departmental Equal Employment Opportunity; and
(8) $63,443,000 shall be available for the Office of
the Chief Information Officer:
Provided further, That funds made available under this
heading may be used for necessary administrative and non-
administrative expenses of the Department, not otherwise
provided for, including purchase of uniforms, or allowances
therefor, as authorized by sections 5901 and 5902 of title 5,
United States Code; hire of passenger motor vehicles; and
services as authorized by section 3109 of title 5, United
States Code: Provided further, That notwithstanding any other
provision of law, funds appropriated under this heading may be
used for advertising and promotional activities that directly
support program activities funded in this title: Provided
further, That the Secretary shall provide the House and Senate
Committees on Appropriations quarterly written notification
regarding the status of pending congressional reports:
Provided further, That the Secretary shall provide in
electronic form all signed reports required by Congress:
Provided further, That not more than 10 percent of the funds
made available under this heading for the Office of the Chief
Financial Officer for the financial transformation initiative
may be obligated until the Secretary submits to the House and
Senate Committees on Appropriations, for approval, a plan for
expenditure that includes the financial and internal control
capabilities to be delivered and the mission benefits to be
realized, key milestones to be met, and the relationship
between the proposed use of funds made available under this
heading and the projected total cost and scope of the
initiative.
program offices
For necessary salaries and expenses for Program Offices,
$904,673,000, to remain available until September 30, 2022:
Provided, That of the sums appropriated under this heading--
(1) $243,056,000 shall be available for the Office of
Public and Indian Housing;
(2) $131,107,000 shall be available for the Office of
Community Planning and Development;
(3) $404,194,000 shall be available for the Office of
Housing, of which not less than $13,200,000 shall be
for the Office of Recapitalization;
(4) $36,250,000 shall be available for the Office of
Policy Development and Research;
(5) $79,763,000 shall be available for the Office of
Fair Housing and Equal Opportunity; and
(6) $10,303,000 shall be available for the Office of
Lead Hazard Control and Healthy Homes.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing
and Urban Development (referred to in this paragraph as the
``Fund''), pursuant, in part, to section 7(f) of the Department
of Housing and Urban Development Act (42 U.S.C. 3535(f)),
amounts transferred, including reimbursements pursuant to
section 7(f), to the Fund under this heading shall be available
only for Federal shared services used by offices and agencies
of the Department, and for any such portion of any office or
agency's printing, records management, space renovation,
furniture, or supply services the Secretary has determined
shall be provided through the Fund, and the operational
expenses of the Fund: Provided, That amounts within the Fund
shall not be available to provide services not specifically
authorized under this heading: Provided further, That upon a
determination by the Secretary that any other service (or
portion thereof) authorized under this heading shall be
provided through the Fund, amounts made available in this title
for salaries and expenses under the headings ``Executive
Offices'', ``Administrative Support Offices'', ``Program
Offices'', and ``Government National Mortgage Association'',
for such services shall be transferred to the Fund, to remain
available until expended: Provided further, That the Secretary
shall notify the House and Senate Committees on Appropriations
of its plans for executing such transfers at least 15 days in
advance of such transfers.
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) (in
this title ``the Act''), not otherwise provided for,
$21,777,439,000, to remain available until expended, which
shall be available on October 1, 2020 (in addition to the
$4,000,000,000 previously appropriated under this heading that
shall be available on October 1, 2020), and $4,000,000,000, to
remain available until expended, which shall be available on
October 1, 2021: Provided, That the amounts made available
under this heading are provided as follows:
(1) $23,080,000,000 shall be available for renewals
of expiring section 8 tenant-based annual contributions
contracts (including renewals of enhanced vouchers
under any provision of law authorizing such assistance
under section 8(t) of the Act) and including renewal of
other special purpose incremental vouchers: Provided,
That notwithstanding any other provision of law, from
amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2021
funding cycle shall provide renewal funding for each
public housing agency based on validated voucher
management system (VMS) leasing and cost data for the
prior calendar year and by applying an inflation factor
as established by the Secretary, by notice published in
the Federal Register, and by making any necessary
adjustments for the costs associated with the first-
time renewal of vouchers under this paragraph including
tenant protection and Choice Neighborhoods vouchers:
Provided further, That none of the funds provided under
this paragraph may be used to fund a total number of
unit months under lease which exceeds a public housing
agency's authorized level of units under contract,
except for public housing agencies participating in the
Moving to Work (MTW) demonstration, which are instead
governed in accordance with the requirements of the MTW
demonstration program or their MTW agreements, if any:
Provided further, That the Secretary shall, to the
extent necessary to stay within the amount specified
under this paragraph (except as otherwise modified
under this paragraph), prorate each public housing
agency's allocation otherwise established pursuant to
this paragraph: Provided further, That except as
provided in the following provisos, the entire amount
specified under this paragraph (except as otherwise
modified under this paragraph) shall be obligated to
the public housing agencies based on the allocation and
pro rata method described above, and the Secretary
shall notify public housing agencies of their annual
budget by the latter of 60 days after enactment of this
Act or March 1, 2021: Provided further, That the
Secretary may extend the notification period with the
prior written approval of the House and Senate
Committees on Appropriations: Provided further, That
public housing agencies participating in the MTW
demonstration shall be funded in accordance with the
requirements of the MTW demonstration program or their
MTW agreements, if any, and shall be subject to the
same pro rata adjustments under the previous provisos:
Provided further, That the Secretary may offset public
housing agencies' calendar year 2021 allocations based
on the excess amounts of public housing agencies' net
restricted assets accounts, including HUD-held
programmatic reserves (in accordance with VMS data in
calendar year 2020 that is verifiable and complete), as
determined by the Secretary: Provided further, That
public housing agencies participating in the MTW
demonstration shall also be subject to the offset, as
determined by the Secretary, excluding amounts subject
to the single fund budget authority provisions of their
MTW agreements, from the agencies' calendar year 2021
MTW funding allocation: Provided further, That the
Secretary shall use any offset referred to in the
previous two provisos throughout the calendar year to
prevent the termination of rental assistance for
families as the result of insufficient funding, as
determined by the Secretary, and to avoid or reduce the
proration of renewal funding allocations: Provided
further, That up to $110,000,000 shall be available
only: (1) for adjustments in the allocations for public
housing agencies, after application for an adjustment
by a public housing agency that experienced a
significant increase, as determined by the Secretary,
in renewal costs of vouchers (including Mainstream
vouchers) resulting from unforeseen circumstances or
from portability under section 8(r) of the Act; (2) for
vouchers that were not in use during the previous 12-
month period in order to be available to meet a
commitment pursuant to section 8(o)(13) of the Act, or
an adjustment for a funding obligation not yet expended
in the previous calendar year for a MTW-eligible
activity to develop affordable housing for an agency
added to the MTW demonstration under the expansion
authority provided in section 239 of the
Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2016 (division L
of Public Law 114-113); (3) for adjustments for costs
associated with HUD-Veterans Affairs Supportive Housing
(HUD-VASH) vouchers; (4) for public housing agencies
that despite taking reasonable cost savings measures,
as determined by the Secretary, would otherwise be
required to terminate rental assistance for families,
including Mainstream families, as a result of
insufficient funding; (5) for adjustments in the
allocations for public housing agencies that (i) are
leasing a lower-than-average percentage of their
authorized vouchers, (ii) have low amounts of budget
authority in their net restricted assets accounts and
HUD-held programmatic reserves, relative to other
agencies, and (iii) are not participating in the Moving
to Work demonstration, to enable such agencies to lease
more vouchers; and (6) for public housing agencies that
have experienced increased costs or loss of units in an
area for which the President declared a disaster under
title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 et seq.):
Provided further, That the Secretary shall allocate
amounts under the previous proviso based on need, as
determined by the Secretary;
(2) $116,000,000 shall be for section 8 rental
assistance for relocation and replacement of housing
units that are demolished or disposed of pursuant to
section 18 of the Act, conversion of section 23
projects to assistance under section 8, the family
unification program under section 8(x) of the Act,
relocation of witnesses (including victims of violent
crimes) in connection with efforts to combat crime in
public and assisted housing pursuant to a request from
a law enforcement or prosecution agency, enhanced
vouchers under any provision of law authorizing such
assistance under section 8(t) of the Act, Choice
Neighborhood vouchers, mandatory and voluntary
conversions, and tenant protection assistance including
replacement and relocation assistance or for project-
based assistance to prevent the displacement of
unassisted elderly tenants currently residing in
section 202 properties financed between 1959 and 1974
that are refinanced pursuant to Public Law 106-569, as
amended, or under the authority as provided under this
Act: Provided, That when a public housing development
is submitted for demolition or disposition under
section 18 of the Act, the Secretary may provide
section 8 rental assistance when the units pose an
imminent health and safety risk to residents: Provided
further, That the Secretary may provide section 8
rental assistance from amounts made available under
this paragraph for units assisted under a project-based
subsidy contract funded under the ``Project-Based
Rental Assistance'' heading under this title where the
owner has received a Notice of Default and the units
pose an imminent health and safety risk to residents:
Provided further, That to the extent that the Secretary
determines that such units are not feasible for
continued rental assistance payments or transfer of the
subsidy contract associated with such units to another
project or projects and owner or owners, any remaining
amounts associated with such units under such contract
shall be recaptured and used to reimburse amounts used
under this paragraph for rental assistance under the
previous proviso: Provided further, That of the
amounts made available under this paragraph, at least
$5,000,000 may be available to provide tenant
protection assistance, not otherwise provided under
this paragraph, to residents residing in low vacancy
areas and who may have to pay rents greater than 30
percent of household income, as the result of: (A) the
maturity of a HUD-insured, HUD-held or section 202 loan
that requires the permission of the Secretary prior to
loan prepayment; (B) the expiration of a rental
assistance contract for which the tenants are not
eligible for enhanced voucher or tenant protection
assistance under existing law; or (C) the expiration of
affordability restrictions accompanying a mortgage or
preservation program administered by the Secretary:
Provided further, That such tenant protection
assistance made available under the previous proviso
may be provided under the authority of section 8(t) or
section 8(o)(13) of the United States Housing Act of
1937 (42 U.S.C. 1437f(t)): Provided further, That the
Secretary shall issue guidance to implement the
previous provisos, including, but not limited to,
requirements for defining eligible at-risk households
within 60 days of the enactment of this Act: Provided
further, That any tenant protection voucher made
available from amounts under this paragraph shall not
be reissued by any public housing agency, except the
replacement vouchers as defined by the Secretary by
notice, when the initial family that received any such
voucher no longer receives such voucher, and the
authority for any public housing agency to issue any
such voucher shall cease to exist: Provided further,
That the Secretary may only provide replacement
vouchers for units that were occupied within the
previous 24 months that cease to be available as
assisted housing, subject only to the availability of
funds;
(3) $2,159,000,000 shall be for administrative and
other expenses of public housing agencies in
administering the section 8 tenant-based rental
assistance program, of which up to $30,000,000 shall be
available to the Secretary to allocate to public
housing agencies that need additional funds to
administer their section 8 programs, including fees
associated with section 8 tenant protection rental
assistance, the administration of disaster related
vouchers, HUD-VASH vouchers, and other special purpose
incremental vouchers: Provided, That no less than
$2,129,000,000 of the amount provided in this paragraph
shall be allocated to public housing agencies for the
calendar year 2021 funding cycle based on section 8(q)
of the Act (and related Appropriation Act provisions)
as in effect immediately before the enactment of the
Quality Housing and Work Responsibility Act of 1998
(Public Law 105-276): Provided further, That if the
amounts made available under this paragraph are
insufficient to pay the amounts determined under the
previous proviso, the Secretary may decrease the
amounts allocated to agencies by a uniform percentage
applicable to all agencies receiving funding under this
paragraph or may, to the extent necessary to provide
full payment of amounts determined under the previous
proviso, utilize unobligated balances, including
recaptures and carryover, remaining from funds
appropriated to the Department of Housing and Urban
Development under this heading from prior fiscal years,
excluding special purpose vouchers, notwithstanding the
purposes for which such amounts were appropriated:
Provided further, That all public housing agencies
participating in the MTW demonstration shall be funded
in accordance with the requirements of the MTW
demonstration program or their MTW agreements, if any,
and shall be subject to the same uniform percentage
decrease as under the previous proviso: Provided
further, That amounts provided under this paragraph
shall be only for activities related to the provision
of tenant-based rental assistance authorized under
section 8, including related development activities;
(4) $314,000,000 for the renewal of tenant-based
assistance contracts under section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C.
8013), including necessary administrative expenses:
Provided, That administrative and other expenses of
public housing agencies in administering the special
purpose vouchers in this paragraph shall be funded
under the same terms and be subject to the same pro
rata reduction as the percent decrease for
administrative and other expenses to public housing
agencies under paragraph (3) of this heading: Provided
further, That upon turnover, section 811 special
purpose vouchers funded under this heading in this or
prior Acts, or under any other heading in prior Acts,
shall be provided to non-elderly persons with
disabilities;
(5) Of the amounts provided under paragraph (1) up to
$5,000,000 shall be for rental assistance and
associated administrative fees for Tribal HUD-VASH to
serve Native American veterans that are homeless or at-
risk of homelessness living on or near a reservation or
other Indian areas: Provided, That such amount shall
be made available for renewal grants to recipients that
received assistance under prior Acts under the Tribal
HUD-VASH program: Provided further, That the Secretary
shall be authorized to specify criteria for renewal
grants, including data on the utilization of assistance
reported by grant recipients: Provided further, That
such assistance shall be administered in accordance
with program requirements under the Native American
Housing Assistance and Self-Determination Act of 1996
and modeled after the HUD-VASH program: Provided
further, That the Secretary shall be authorized to
waive, or specify alternative requirements for any
provision of any statute or regulation that the
Secretary administers in connection with the use of
funds made available under this paragraph (except for
requirements related to fair housing,
nondiscrimination, labor standards, and the
environment), upon a finding by the Secretary that any
such waivers or alternative requirements are necessary
for the effective delivery and administration of such
assistance: Provided further, That grant recipients
shall report to the Secretary on utilization of such
rental assistance and other program data, as prescribed
by the Secretary: Provided further, That the Secretary
may reallocate, as determined by the Secretary, amounts
returned or recaptured from awards under the Tribal
HUD-VASH program under prior Acts to existing
recipients under the Tribal HUD-VASH program;
(6) $40,000,000 for incremental rental voucher
assistance for use through a supported housing program
administered in conjunction with the Department of
Veterans Affairs as authorized under section 8(o)(19)
of the United States Housing Act of 1937: Provided,
That the Secretary of Housing and Urban Development
shall make such funding available, notwithstanding
section 203 (competition provision) of this title, to
public housing agencies that partner with eligible VA
Medical Centers or other entities as designated by the
Secretary of the Department of Veterans Affairs, based
on geographical need for such assistance as identified
by the Secretary of the Department of Veterans Affairs,
public housing agency administrative performance, and
other factors as specified by the Secretary of Housing
and Urban Development in consultation with the
Secretary of the Department of Veterans Affairs:
Provided further, That the Secretary of Housing and
Urban Development may waive, or specify alternative
requirements for (in consultation with the Secretary of
the Department of Veterans Affairs), any provision of
any statute or regulation that the Secretary of Housing
and Urban Development administers in connection with
the use of funds made available under this paragraph
(except for requirements related to fair housing,
nondiscrimination, labor standards, and the
environment), upon a finding by the Secretary that any
such waivers or alternative requirements are necessary
for the effective delivery and administration of such
voucher assistance: Provided further, That assistance
made available under this paragraph shall continue to
remain available for homeless veterans upon turn-over;
(7) $25,000,000 shall be made available for the
family unification program as authorized under section
8(x) of the Act: Provided, That the amounts made
available under this paragraph are provided as follows:
(A) $5,000,000 shall be for new incremental
voucher assistance: Provided, That the
assistance made available under this
subparagraph shall continue to remain available
for family unification upon turnover; and
(B) $20,000,000 shall be for new incremental
voucher assistance to assist eligible youth as
defined by such section 8(x)(2)(B): Provided,
That assistance made available under this
subparagraph shall continue to remain available
for such eligible youth upon turnover:
Provided further, That of the total amount made
available under this subparagraph, up to
$10,000,000 shall be available on a
noncompetitive basis to public housing agencies
that partner with public child welfare agencies
to identify such eligible youth, that request
such assistance to timely assist such eligible
youth, and that meet any other criteria as
specified by the Secretary: Provided further,
That the Secretary shall review utilization of
the assistance made available under the
previous proviso, at an interval to be
determined by the Secretary, and unutilized
voucher assistance that is no longer needed
shall be recaptured by the Secretary and
reallocated pursuant to the previous proviso:
Provided further, That for any public housing agency
administering voucher assistance appropriated in a
prior Act under the family unification program, or made
available and competitively selected under this
paragraph, that determines that it no longer has an
identified need for such assistance upon turnover, such
agency shall notify the Secretary, and the Secretary
shall recapture such assistance from the agency and
reallocate it to any other public housing agency or
agencies based on need for voucher assistance in
connection with such specified program or eligible
youth, as applicable;
(8) $43,439,000 shall be for incremental rental
voucher assistance under section 8(o) of the United
States Housing Act of 1937 for use by individuals and
families who are homeless, as defined in section 103(a)
of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11302(a)), at risk of homelessness, as defined
in section 401(1) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360(1)), fleeing, or
attempting to flee, domestic violence, dating violence,
sexual assault, or stalking, or veterans and families
that include a veteran family member that meet one of
the preceding criteria: Provided, That assistance made
available under this paragraph shall continue to remain
available for such eligible individuals and families
upon turnover: Provided further, That the Secretary
shall make such funding available, notwithstanding
section 203 of this title (competition provision) to
public housing agencies that partner with eligible
continuums of care or other entities as designated by
the Secretary, based on geographical need of such
assistance, public housing agency administrative
performance, and other factors as specified by the
Secretary: Provided further, That the Secretary shall
review utilization of the assistance made available
under the preceding proviso, at an interval to be
determined by the Secretary, and unutilized voucher
assistance that is no longer needed shall be recaptured
by the Secretary and reallocated pursuant to the
preceding proviso: Provided further, That, the
Secretary shall give preference to applicants that
demonstrate a strategy to coordinate assistance with
services available in the community: Provided further,
That none of the funds provided in this paragraph may
be used to require people experiencing homelessness to
receive treatment or perform any other prerequisite
activities as a condition for receiving shelter,
housing or other services: Provided further, That the
Secretary shall issue guidance to implement the
preceding proviso; and
(9) the Secretary shall separately track all special
purpose vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of Housing
and Urban Development under this heading, the heading ``Annual
Contributions for Assisted Housing'' and the heading ``Project-
Based Rental Assistance'', for fiscal year 2021 and prior years
may be used for renewal of or amendments to section 8 project-
based contracts and for performance-based contract
administrators, notwithstanding the purposes for which such
funds were appropriated: Provided, That any obligated balances
of contract authority from fiscal year 1974 and prior fiscal
years that have been terminated shall be rescinded: Provided
further, That amounts heretofore recaptured, or recaptured
during the current fiscal year, from section 8 project-based
contracts from source years fiscal year 1975 through fiscal
year 1987 are hereby rescinded, and an amount of additional new
budget authority, equivalent to the amount rescinded is hereby
appropriated, to remain available until expended, for the
purposes set forth under this heading, in addition to amounts
otherwise available.
public housing fund
For the operation and management of public housing, as
authorized by section 9(e) of the United States Housing Act of
1937 (42 U.S.C. 1437g(e)) (the``Act''), and to carry out
capital and management activities for public housing agencies,
as authorized under section 9(d) of the Act (42 U.S.C.
1437g(d)), $7,806,000,000, to remain available until September
30, 2024: Provided, That the amounts made available under this
heading are provided as follows:
(1) $4,839,000,000 shall be available to the
Secretary to allocate pursuant to the Operating Fund
formula at part 990 of title 24, Code of Federal
Regulations, for 2021 payments;
(2) $25,000,000 shall be available to the Secretary
to allocate pursuant to a need-based application
process notwithstanding section 203 of this title and
not subject to such Operating Fund formula to public
housing agencies that experience, or are at risk of,
financial shortfalls, as determined by the Secretary:
Provided, That after all such shortfall needs are met,
the Secretary may distribute any remaining funds to all
public housing agencies on a pro-rata basis pursuant to
such Operating Fund formula;
(3) $2,765,000,000 shall be available to the
Secretary to allocate pursuant to the Capital Fund
formula at section 905.400 of title 24, Code of Federal
Regulations: Provided, That for funds provided under
this paragraph, the limitation in section 9(g)(1) of
the Act shall be 25 percent: Provided further, That
the Secretary may waive the limitation in the previous
proviso to allow public housing agencies to fund
activities authorized under section 9(e)(1)(C) of the
Act: Provided further, That the Secretary shall notify
public housing agencies requesting waivers under the
previous proviso if the request is approved or denied
within 14 days of submitting the request: Provided
further, That from the funds made available under this
paragraph, the Secretary shall provide bonus awards in
fiscal year 2021 to public housing agencies that are
designated high performers: Provided further, That the
Department shall notify public housing agencies of
their formula allocation within 60 days of enactment of
this Act;
(4) $75,000,000 shall be available for the Secretary
to make grants, notwithstanding section 203 of this
title, to public housing agencies for emergency capital
needs, including safety and security measures necessary
to address crime and drug-related activity, as well as
needs resulting from unforeseen or unpreventable
emergencies and natural disasters excluding
Presidentially declared emergencies and natural
disasters under the Robert T. Stafford Disaster Relief
and Emergency Act (42 U.S.C. 5121 et seq.) occurring in
fiscal year 2021, of which $45,000,000 shall be
available for public housing agencies under
administrative and judicial receiverships or under the
control of a Federal monitor: Provided, That of the
amount made available under this paragraph, not less
than $10,000,000 shall be for safety and security
measures: Provided further, That in addition to the
amount in the previous proviso for such safety and
security measures, any amounts that remain available,
after all applications received on or before September
30, 2022, for emergency capital needs have been
processed, shall be allocated to public housing
agencies for such safety and security measures;
(5) $25,000,000 shall be for competitive grants to
public housing agencies to evaluate and reduce lead-
based paint hazards in public housing by carrying out
the activities of risk assessments, abatement, and
interim controls (as those terms are defined in section
1004 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. 4851b)): Provided,
That for purposes of environmental review, a grant
under this paragraph shall be considered funds for
projects or activities under title I of the United
States Housing Act of 1937 (42 U.S.C. 1437 et seq.) for
purposes of section 26 of such Act (42 U.S.C. 1437x)
and shall be subject to the regulations implementing
such section;
(6) $35,000,000 shall be for competitive grants to
public housing agencies for activities authorized under
the Healthy Homes Initiative, pursuant to sections 501
and 502 of the Housing and Urban Development Act of
1970, which shall include research, studies, testing,
and demonstration efforts, including education and
outreach concerning mold, radon, carbon monoxide
poisoning, and other housing-related diseases and
hazards;
(7) $15,000,000 shall be to support the costs of
administrative and judicial receiverships and for
competitive grants to PHAs in receivership, designated
troubled or substandard, or otherwise at risk, as
determined by the Secretary, for costs associated with
public housing asset improvement, in addition to other
amounts for that purpose provided under any heading
under this title;
(8) $23,000,000 shall be to support ongoing public
housing financial and physical assessment activities;
and
(9) $4,000,000 shall be for a radon testing and
mitigation resident safety demonstration program (the
radon demonstration) in public housing: Provided, That
the testing method, mitigation method, or action level
used under the radon demonstration shall be as
specified by applicable State or local law, if such law
is more protective of human health or the environment
than the method or level specified by the Secretary:
Provided further, That notwithstanding any other provision of
law or regulation, during fiscal year 2021, the Secretary of
Housing and Urban Development may not delegate to any
Department official other than the Deputy Secretary and the
Assistant Secretary for Public and Indian Housing any authority
under paragraph (2) of section 9(j) of the Act regarding the
extension of the time periods under such section: Provided
further, That for purposes of such section 9(j), the term
``obligate'' means, with respect to amounts, that the amounts
are subject to a binding agreement that will result in outlays,
immediately or in the future.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods
Initiative (subject to section 24 of the United States Housing
Act of 1937 (42 U.S.C. 1437v) unless otherwise specified under
this heading), for transformation, rehabilitation, and
replacement housing needs of both public and HUD-assisted
housing and to transform neighborhoods of poverty into
functioning, sustainable mixed income neighborhoods with
appropriate services, schools, public assets, transportation
and access to jobs, $200,000,000, to remain available until
September 30, 2023: Provided, That grant funds may be used for
resident and community services, community development, and
affordable housing needs in the community, and for conversion
of vacant or foreclosed properties to affordable housing:
Provided further, That the use of funds made available under
this heading shall not be deemed to be for public housing
notwithstanding section 3(b)(1) of such Act: Provided further,
That grantees shall commit to an additional period of
affordability determined by the Secretary of not fewer than 20
years: Provided further, That grantees shall provide a match
in State, local, other Federal or private funds: Provided
further, That grantees may include local governments, Tribal
entities, public housing agencies, and nonprofit organizations:
Provided further, That for-profit developers may apply jointly
with a public entity: Provided further, That for purposes of
environmental review, a grantee shall be treated as a public
housing agency under section 26 of the United States Housing
Act of 1937 (42 U.S.C. 1437x), and grants made with amounts
available under this heading shall be subject to the
regulations issued by the Secretary to implement such section:
Provided further, That of the amount provided under this
heading, not less than $100,000,000 shall be awarded to public
housing agencies: Provided further, That such grantees shall
create partnerships with other local organizations, including
assisted housing owners, service agencies, and resident
organizations: Provided further, That the Secretary shall
consult with the Secretaries of Education, Labor,
Transportation, Health and Human Services, Agriculture, and
Commerce, the Attorney General, and the Administrator of the
Environmental Protection Agency to coordinate and leverage
other appropriate Federal resources: Provided further, That
not more than $5,000,000 of funds made available under this
heading may be provided as grants to undertake comprehensive
local planning with input from residents and the community:
Provided further, That unobligated balances, including
recaptures, remaining from funds appropriated under the heading
``Revitalization of Severely Distressed Public Housing (HOPE
VI)'' in fiscal year 2011 and prior fiscal years may be used
for purposes under this heading, notwithstanding the purposes
for which such amounts were appropriated: Provided further,
That the Secretary shall make grant awards not later than 1
year after the date of enactment of this Act in such amounts
that the Secretary determines: Provided further, That
notwithstanding section 24(o) of the United States Housing Act
of 1937 (42 U.S.C. 1437v(o)), the Secretary may, until
September 30, 2023, obligate any available unobligated balances
made available under this heading in this or any prior Act.
self-sufficiency programs
For activities and assistance related to Self-Sufficiency
Programs, to remain available until September 30, 2024,
$155,000,000: Provided, That the amounts made available under
this heading are provided as follows:
(1) $105,000,000 shall be for the Family Self-
Sufficiency program to support family self-sufficiency
coordinators under section 23 of the United States
Housing Act of 1937 (42 U.S.C. 1437u), to promote the
development of local strategies to coordinate the use
of assistance under sections 8 and 9 of such Act with
public and private resources, and enable eligible
families to achieve economic independence and self-
sufficiency: Provided, That the Secretary may, by
Federal Register notice, waive or specify alternative
requirements under subsections (b)(3), (b)(4), (b)(5),
or (c)(1) of section 23 of such Act in order to
facilitate the operation of a unified self-sufficiency
program for individuals receiving assistance under
different provisions of such Act, as determined by the
Secretary: Provided further, That owners or sponsors
of a multifamily property receiving project-based
rental assistance under section 8 of such Act may
voluntarily make a Family Self-Sufficiency program
available to the assisted tenants of such property in
accordance with procedures established by the
Secretary: Provided further, That such procedures
established pursuant to the previous proviso shall
permit participating tenants to accrue escrow funds in
accordance with section 23(d)(2) of such Act and shall
allow owners to use funding from residual receipt
accounts to hire coordinators for their own Family
Self-Sufficiency program;
(2) $35,000,000 shall be for the Resident Opportunity
and Self-Sufficiency program to provide for supportive
services, service coordinators, and congregate services
as authorized by section 34 of the United States
Housing Act of 1937 (42 U.S.C. 1437z-6) and the Native
American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4101 et seq.); and
(3) $15,000,000 shall be for a Jobs-Plus initiative,
modeled after the Jobs-Plus demonstration: Provided,
That funding provided under this paragraph shall be
available for competitive grants to partnerships
between public housing authorities, local workforce
investment boards established under section 107 of the
Workforce Innovation and Opportunity Act of 2014 (29
U.S.C. 3122), and other agencies and organizations that
provide support to help public housing residents obtain
employment and increase earnings: Provided further,
That applicants must demonstrate the ability to provide
services to residents, partner with workforce
investment boards, and leverage service dollars:
Provided further, That the Secretary may allow public
housing agencies to request exemptions from rent and
income limitation requirements under sections 3 and 6
of the United States Housing Act of 1937 (42 U.S.C.
1437a, 1437d), as necessary to implement the Jobs-Plus
program, on such terms and conditions as the Secretary
may approve upon a finding by the Secretary that any
such waivers or alternative requirements are necessary
for the effective implementation of the Jobs-Plus
initiative as a voluntary program for residents:
Provided further, That the Secretary shall publish by
notice in the Federal Register any waivers or
alternative requirements pursuant to the preceding
proviso no later than 10 days before the effective date
of such notice.
native american programs
For activities and assistance authorized under title I of the
Native American Housing Assistance and Self-Determination Act
of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), title I of the
Housing and Community Development Act of 1974 with respect to
Indian tribes (42 U.S.C. 5306(a)(1)), and related training and
technical assistance, $825,000,000, to remain available until
September 30, 2025: Provided, That the amounts made available
under this heading are provided as follows:
(1) $647,000,000 shall be available for the Native
American Housing Block Grants program, as authorized
under title I of NAHASDA: Provided, That,
notwithstanding NAHASDA, to determine the amount of the
allocation under title I of such Act for each Indian
tribe, the Secretary shall apply the formula under
section 302 of NAHASDA with the need component based on
single-race census data and with the need component
based on multi-race census data, and the amount of the
allocation for each Indian tribe shall be the greater
of the two resulting allocation amounts: Provided
further, That the Secretary will notify grantees of
their formula allocation within 60 days of the date of
enactment of this Act;
(2) $100,000,000 shall be available for competitive
grants under the Native American Housing Block Grants
program, as authorized under title I of NAHASDA:
Provided, That the Secretary shall obligate this
additional amount for competitive grants to eligible
recipients authorized under NAHASDA that apply for
funds: Provided further, That in awarding this
additional amount, the Secretary shall consider need
and administrative capacity, and shall give priority to
projects that will spur construction and rehabilitation
of housing: Provided further, That a grant funded
pursuant to this paragraph shall be in an amount not
less than $500,000 and not greater than $10,000,000:
Provided further, That any funds transferred for the
necessary costs of administering and overseeing the
obligation and expenditure of such additional amounts
in prior Acts may also be used for the necessary costs
of administering and overseeing such additional amount;
(3) $1,000,000 shall be available for the cost of
guaranteed notes and other obligations, as authorized
by title VI of NAHASDA: Provided, That such costs,
including the costs of modifying such notes and other
obligations, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided
further, That for fiscal year 2021 funds made available
in this Act for the cost of guaranteed notes and other
obligations and any unobligated balances, including
recaptures and carryover, remaining from amounts
appropriated for this purpose under this heading or
under the heading ``Native American Housing Block
Grants'' in prior Acts are available to subsidize the
total principal amount of any notes and other
obligations, any part of which is to be guaranteed, not
to exceed $45,649,452;
(4) $70,000,000 shall be available for grants to
Indian tribes for carrying out the Indian Community
Development Block Grant program under title I of the
Housing and Community Development Act of 1974,
notwithstanding section 106(a)(1) of such Act, of
which, notwithstanding any other provision of law
(including section 203 of this Act), up to $4,000,000
may be used for emergencies that constitute imminent
threats to health and safety: Provided, That not to
exceed 20 percent of any grant made with funds
appropriated under this paragraph shall be expended for
planning and management development and administration;
and
(5) $7,000,000 shall be available for providing
training and technical assistance to Indian tribes,
Indian housing authorities, and tribally designated
housing entities, to support the inspection of Indian
housing units, contract expertise, and for training and
technical assistance related to funding provided under
this heading and other headings under this Act for the
needs of Native American families and Indian country:
Provided, That of the funds made available under this
paragraph, not less than $2,000,000 shall be available
for a national organization as authorized under section
703 of NAHASDA (25 U.S.C. 4212): Provided further,
That amounts made available under this paragraph may be
used, contracted, or competed as determined by the
Secretary: Provided further, That notwithstanding the
provisions of the Federal Grant and Cooperative
Agreements Act of 1977 (31 U.S.C. 6301-6308), the
amounts made available under this paragraph may be used
by the Secretary to enter into cooperative agreements
with public and private organizations, agencies,
institutions, and other technical assistance providers
to support the administration of negotiated rulemaking
under section 106 of NAHASDA (25 U.S.C. 4116), the
administration of the allocation formula under section
302 of NAHASDA (25 U.S.C. 4152), and the administration
of performance tracking and reporting under section 407
of NAHASDA (25 U.S.C. 4167).
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), $1,500,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That an
additional $500,000, to remain available until expended, shall
be available for administrative contract expenses including
management processes to carry out the loan guarantee program:
Provided further, That for fiscal year 2021 funds made
available in this and prior Acts for the cost of guaranteed
loans, as authorized by section 184 of the Housing and
Community Development Act of 1992 (12 U.S.C. 1715z-13a), that
are unobligated, including recaptures and carryover, are
available to subsidize total loan principal, any part of which
is to be guaranteed, up to $1,000,000,000.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as
authorized under title VIII of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221
et seq.), $2,000,000, to remain available until September 30,
2025: Provided, That notwithstanding section 812(b) of such
Act, the Department of Hawaiian Home Lands may not invest grant
amounts made available under this heading in investment
securities and other obligations: Provided further, That
amounts made available under this heading in this and prior
fiscal years may be used to provide rental assistance to
eligible Native Hawaiian families both on and off the Hawaiian
Home Lands, notwithstanding any other provision of law.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity Act
(42 U.S.C. 12901 et seq.), $430,000,000, to remain available
until September 30, 2022, except that amounts allocated
pursuant to section 854(c)(5) of such Act shall remain
available until September 30, 2023: Provided, That the
Secretary shall renew or replace all expiring contracts for
permanent supportive housing that initially were funded under
section 854(c)(5) of such Act from funds made available under
this heading in fiscal year 2010 and prior fiscal years that
meet all program requirements before awarding funds for new
contracts under such section: Provided further, That the
process for submitting amendments and approving replacement
contracts shall be established by the Secretary in a notice:
Provided further, That the Department shall notify grantees of
their formula allocation within 60 days of enactment of this
Act.
community development fund
For carrying out the community development block grant
program under title I of the Housing and Community Development
Act of 1974, as amended (42 U.S.C. 5301 et seq.) (in this
heading ``the Act''), $3,475,000,000, to remain available until
September 30, 2023, unless otherwise specified: Provided, That
unless explicitly provided for under this heading, not to
exceed 20 percent of any grant made with funds made available
under this heading shall be expended for planning and
management development and administration: Provided further,
That a metropolitan city, urban county, unit of general local
government, or insular area that directly or indirectly
receives funds under this heading may not sell, trade, or
otherwise transfer all or any portion of such funds to another
such entity in exchange for any other funds, credits, or non-
Federal considerations, but shall use such funds for activities
eligible under title I of the Act: Provided further, That
notwithstanding section 105(e)(1) of the Act, no funds made
available under this heading may be provided to a for-profit
entity for an economic development project under section
105(a)(17) unless such project has been evaluated and selected
in accordance with guidelines required under subsection (e)(2)
of section 105: Provided further, That of the total amount
provided under this heading, $25,000,000 shall be for
activities authorized under section 8071 of the SUPPORT for
Patients and Communities Act (Public Law 115-271): Provided
further, That the funds allocated pursuant to the preceding
proviso shall not adversely affect the amount of any formula
assistance received by a State under this heading: Provided
further, That the Secretary shall allocate the funds for such
activities based on the notice establishing the funding formula
published in 84 FR 16027 (April 17, 2019) except that the
formula shall use age-adjusted rates of drug overdose deaths
for 2018 based on data from the Centers for Disease Control and
Prevention: Provided further, That the Department of Housing
and Urban Development shall notify grantees of their formula
allocation within 60 days of enactment of this Act.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of
1974 (2 U.S.C. 661a), during fiscal year 2021, commitments to
guarantee loans under section 108 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5308), any part of which is
guaranteed, shall not exceed a total principal amount of
$300,000,000, notwithstanding any aggregate limitation on
outstanding obligations guaranteed in subsection (k) of such
section 108: Provided, That the Secretary shall collect fees
from borrowers, notwithstanding subsection (m) of such section
108, to result in a credit subsidy cost of zero for
guaranteeing such loans, and any such fees shall be collected
in accordance with section 502(7) of the Congressional Budget
Act of 1974: Provided further, That such commitment authority
funded by fees may be used to guarantee, or make commitments to
guarantee, notes or other obligations issued by any State on
behalf of non-entitlement communities in the State in
accordance with the requirements of such section 108: Provided
further, That any State receiving such a guarantee or
commitment under the preceding proviso shall distribute all
funds subject to such guarantee to the units of general local
government in nonentitlement areas that received the
commitment.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended (42 U.S.C. 12721 et seq.),
$1,350,000,000, to remain available until September 30, 2024:
Provided, That notwithstanding the amount made available under
this heading, the threshold reduction requirements in sections
216(10) and 217(b)(4) of such Act shall not apply to
allocations of such amount: Provided further, That the
Department shall notify grantees of their formula allocations
within 60 days after enactment of this Act: Provided further,
That section 218(g) of such Act (42 U.S.C. 12748(g)) shall not
apply with respect to the right of a jurisdiction to draw funds
from its HOME Investment Trust Fund that otherwise expired or
would expire in 2016, 2017, 2018, 2019, 2020, 2021, 2022, or
2023 under that section: Provided further, That section 231(b)
of such Act (42 U.S.C. 12771(b)) shall not apply to any
uninvested funds that otherwise were deducted or would be
deducted from the line of credit in the participating
jurisdiction's HOME Investment Trust Fund in 2018, 2019, 2020,
2021, 2022, or 2023 under that section.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing
Opportunity Program Extension Act of 1996 (42 U.S.C. 12805
note), $60,000,000, to remain available until September 30,
2023: Provided, That of the total amount made available under
this heading, $10,000,000 shall be for the Self-Help
Homeownership Opportunity Program as authorized under such
section 11: Provided further, That of the total amount made
available under this heading, $41,000,000 shall be for the
second, third, and fourth capacity building entities specified
in section 4(a) of the HUD Demonstration Act of 1993 (42 U.S.C.
9816 note), of which not less than $5,000,000 shall be for
rural capacity building activities: Provided further, That of
the total amount made available under this heading, $5,000,000
shall be for capacity building by national rural housing
organizations having experience assessing national rural
conditions and providing financing, training, technical
assistance, information, and research to local nonprofit
organizations, local governments, and Indian Tribes serving
high need rural communities: Provided further, That of the
total amount provided under this heading, $4,000,000, shall be
made available for a program to rehabilitate and modify the
homes of disabled or low-income veterans, as authorized under
section 1079 of Public Law 113-291: Provided further, That the
issuance of a Notice of Funding Availability for the funds
provided under the previous proviso shall be completed within
120 days of enactment of this Act and such funds shall be
awarded within 180 days of such issuance.
homeless assistance grants
For assistance under title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360 et seq.), $3,000,000,000, to
remain available until September 30, 2023: Provided, That of
the amounts made available under this heading--
(1) not less than $290,000,000 shall be for the
Emergency Solutions Grants program authorized under
subtitle B of such title IV (42 U.S.C. 11371 et seq.):
Provided further, That the Department shall notify
grantees of their formula allocation from amounts
allocated (which may represent initial or final amounts
allocated) for the Emergency Solutions Grant program
not later than 60 days after enactment of this Act;
(2) not less than $2,569,000,000 shall be for the
Continuum of Care program authorized under subtitle C
of such title IV (42 U.S.C. 11381 et seq.) and the
Rural Housing Stability Assistance programs authorized
under subtitle D of such title IV (42 U.S.C. 11408):
Provided further, That the Secretary shall prioritize
funding under the Continuum of Care program to
continuums of care that have demonstrated a capacity to
reallocate funding from lower performing projects to
higher performing projects: Provided further, That the
Secretary shall provide incentives to create projects
that coordinate with housing providers and healthcare
organizations to provide permanent supportive housing
and rapid re-housing services: Provided further, That
amounts made available for the Continuum of Care
program under this heading in this Act and any
remaining unobligated balances from prior Acts may be
used to competitively or non-competitively renew or
replace grants for youth homeless demonstration
projects under the Continuum of Care program,
notwithstanding any conflict with the requirements of
the Continuum of Care program;
(3) up to $52,000,000 shall be for grants for rapid
re-housing projects and supportive service projects
providing coordinated entry, and for eligible
activities the Secretary determines to be critical in
order to assist survivors of domestic violence, dating
violence, sexual assault, or stalking, except that the
Secretary may make additional grants for such projects
and purposes from amounts made available for such
Continuum of Care program: Provided further, That such
projects shall be eligible for renewal under the
Continuum of Care program subject to the same terms and
conditions as other renewal applicants;
(4) up to $7,000,000 shall be for the national
homeless data analysis project: Provided further, That
notwithstanding the provisions of the Federal Grant and
Cooperative Agreements Act of 1977 (31 U.S.C. 6301-
6308), the amounts made available under this paragraph
and any remaining unobligated balances under this
heading for such purposes in prior Acts may be used by
the Secretary to enter into cooperative agreements with
such entities as may be determined by the Secretary,
including public and private organizations, agencies,
and institutions; and
(5) up to $82,000,000 shall be to implement projects
to demonstrate how a comprehensive approach to serving
homeless youth, age 24 and under, in up to 25
communities with a priority for communities with
substantial rural populations in up to eight locations,
can dramatically reduce youth homelessness: Provided
further, That of the amount made available under this
paragraph, up to $10,000,000 shall be to provide
technical assistance on improving system responses to
youth homelessness, and collection, analysis, use, and
reporting of data and performance measures under the
comprehensive approaches to serve homeless youth, in
addition to and in coordination with other technical
assistance funds provided under this title: Provided
further, That the Secretary may use up to 10 percent of
the amount made available under the previous proviso to
build the capacity of current technical assistance
providers or to train new technical assistance
providers with verifiable prior experience with systems
and programs for youth experiencing homelessness:
Provided further, That youth aged 24 and under seeking
assistance under this heading shall not be required to provide
third party documentation to establish their eligibility under
subsection (a) or (b) of section 103 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11302) to receive services:
Provided further, That unaccompanied youth aged 24 and under or
families headed by youth aged 24 and under who are living in
unsafe situations may be served by youth-serving providers
funded under this heading: Provided further, That persons
eligible under section 103(a)(5) of the McKinney-Vento Homeless
Assistance Act may be served by any project funded under this
heading to provide both transitional housing and rapid re-
housing: Provided further, That for all matching funds
requirements applicable to funds made available under this
heading for this fiscal year and prior fiscal years, a grantee
may use (or could have used) as a source of match funds other
funds administered by the Secretary and other Federal agencies
unless there is (or was) a specific statutory prohibition on
any such use of any such funds: Provided further, That none of
the funds made available under this heading shall be available
to provide funding for new projects, except for projects
created through reallocation, unless the Secretary determines
that the continuum of care has demonstrated that projects are
evaluated and ranked based on the degree to which they improve
the continuum of care's system performance: Provided further,
That any unobligated amounts remaining from funds made
available under this heading in fiscal year 2012 and prior
years for project-based rental assistance for rehabilitation
projects with 10-year grant terms may be used for purposes
under this heading, notwithstanding the purposes for which such
funds were appropriated: Provided further, That unobligated
balances, including recaptures and carryover, remaining from
funds transferred to or appropriated under this heading in
fiscal year 2019 or prior years, except for rental assistance
amounts that were recaptured and made available until expended,
shall be available for the current purposes authorized under
this heading in addition to the purposes for which such funds
originally were appropriated.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-
based subsidy contracts under the United States Housing Act of
1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise
provided for, $13,065,000,000, to remain available until
expended, shall be available on October 1, 2020 (in addition to
the $400,000,000 previously appropriated under this heading
that became available October 1, 2020), and $400,000,000, to
remain available until expended, shall be available on October
1, 2021: Provided, That the amounts made available under this
heading shall be available for expiring or terminating section
8 project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8 project-
based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant
to section 441 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11401), for renewal of section 8 contracts for units
in projects that are subject to approved plans of action under
the Emergency Low Income Housing Preservation Act of 1987 or
the Low-Income Housing Preservation and Resident Homeownership
Act of 1990, and for administrative and other expenses
associated with project-based activities and assistance funded
under this heading: Provided further, That of the total
amounts provided under this heading, not to exceed $350,000,000
shall be available for performance-based contract
administrators for section 8 project-based assistance, for
carrying out 42 U.S.C. 1437(f): Provided further, That the
Secretary may also use such amounts in the previous proviso for
performance-based contract administrators for the
administration of: interest reduction payments pursuant to
section 236(a) of the National Housing Act (12 U.S.C. 1715z-
1(a)); rent supplement payments pursuant to section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s);
section 236(f)(2) rental assistance payments (12 U.S.C. 1715z-
1(f)(2)); project rental assistance contracts for the elderly
under section 202(c)(2) of the Housing Act of 1959 (12 U.S.C.
1701q); project rental assistance contracts for supportive
housing for persons with disabilities under section 811(d)(2)
of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013(d)(2)); project assistance contracts pursuant to
section 202(h) of the Housing Act of 1959 (Public Law 86-372;
73 Stat. 667); and loans under section 202 of the Housing Act
of 1959 (Public Law 86-372; 73 Stat. 667): Provided further,
That amounts recaptured under this heading, the heading
``Annual Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'', may be used for renewals of or
amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding the
purposes for which such amounts were appropriated: Provided
further, That, notwithstanding any other provision of law, upon
the request of the Secretary, project funds that are held in
residual receipts accounts for any project subject to a section
8 project-based Housing Assistance Payments contract that
authorizes the Department or a housing finance agency to
require that surplus project funds be deposited in an interest-
bearing residual receipts account and that are in excess of an
amount to be determined by the Secretary, shall be remitted to
the Department and deposited in this account, to be available
until expended: Provided further, That amounts deposited
pursuant to the previous proviso shall be available in addition
to the amount otherwise provided by this heading for uses
authorized under this heading.
housing for the elderly
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), for
project rental assistance for the elderly under section
202(c)(2) of such Act, including amendments to contracts for
such assistance and renewal of expiring contracts for such
assistance for up to a 5-year term, for senior preservation
rental assistance contracts, including renewals, as authorized
by section 811(e) of the American Homeownership and Economic
Opportunity Act of 2000 (12 U.S.C. 1701q note), and for
supportive services associated with the housing, $855,000,000
to remain available until September 30, 2024: Provided, That
of the amount made available under this heading, up to
$125,000,000 shall be for service coordinators and the
continuation of existing congregate service grants for
residents of assisted housing projects: Provided further, That
amounts made available under this heading shall be available
for Real Estate Assessment Center inspections and inspection-
related activities associated with section 202 projects:
Provided further, That the Secretary may waive the provisions
of section 202 governing the terms and conditions of project
rental assistance, except that the initial contract term for
such assistance shall not exceed 5 years in duration: Provided
further, That upon request of the Secretary, project funds that
are held in residual receipts accounts for any project subject
to a section 202 project rental assistance contract, and that
upon termination of such contract are in excess of an amount to
be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to remain available
until September 30, 2024: Provided further, That amounts
deposited in this account pursuant to the previous proviso
shall be available, in addition to the amounts otherwise
provided by this heading, for the purposes authorized under
this heading: Provided further, That unobligated balances,
including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading shall be
available for the current purposes authorized under this
heading in addition to the purposes for which such funds
originally were appropriated: Provided further, That of the
total amount made available under this heading, up to
$14,000,000 shall be used by the Secretary to continue
demonstration programs to test housing with services models for
the elderly that demonstrate the potential to delay or avoid
the need for nursing home care: Provided further, That of the
total amount made available under this heading, up to
$5,000,000 shall be used to expand the supply of
intergenerational dwelling units (as such term is defined in
section 202 of the Legacy Act of 2003 (12 U.S.C. 1701q note))
for elderly caregivers raising children.
housing for persons with disabilities
For capital advances, including amendments to capital advance
contracts, for supportive housing for persons with
disabilities, as authorized by section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013), for
project rental assistance for supportive housing for persons
with disabilities under section 811(d)(2) of such Act, for
project assistance contracts pursuant to subsection (h) of
section 202 of the Housing Act of 1959, as added by section
205(a) of the Housing and Community Development Amendments of
1978 (Public Law 95-557: 92 Stat. 2090), including amendments
to contracts for such assistance and renewal of expiring
contracts for such assistance for up to a 1-year term, for
project rental assistance to State housing finance agencies and
other appropriate entities as authorized under section
811(b)(3) of the Cranston-Gonzalez National Affordable Housing
Act, and for supportive services associated with the housing
for persons with disabilities as authorized by section
811(b)(1) of such Act, $227,000,000, to remain available until
September 30, 2024: Provided, That amounts made available
under this heading shall be available for Real Estate
Assessment Center inspections and inspection-related activities
associated with section 811 projects: Provided further, That,
upon the request of the Secretary, project funds that are held
in residual receipts accounts for any project subject to a
section 811 project rental assistance contract, and that upon
termination of such contract are in excess of an amount to be
determined by the Secretary, shall be remitted to the
Department and deposited in this account, to remain available
until September 30, 2024: Provided further, That amounts
deposited in this account pursuant to the previous proviso
shall be available in addition to the amounts otherwise
provided by this heading for the purposes authorized under this
heading: Provided further, That unobligated balances,
including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading shall be used
for the current purposes authorized under this heading in
addition to the purposes for which such funds originally were
appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding loans,
as authorized under section 106 of the Housing and Urban
Development Act of 1968, as amended, $57,500,000, to remain
available until September 30, 2022, including up to $4,500,000
for administrative contract services: Provided, That funds
shall be used for providing counseling and advice to tenants
and homeowners, both current and prospective, with respect to
property maintenance, financial management or literacy, and
such other matters as may be appropriate to assist them in
improving their housing conditions, meeting their financial
needs, and fulfilling the responsibilities of tenancy or
homeownership; for program administration; and for housing
counselor training: Provided further, That for purposes of
providing such grants from amounts provided under this heading,
the Secretary may enter into multiyear agreements, as
appropriate, subject to the availability of annual
appropriations: Provided further, That an additional
$20,000,000 (not subject to such section 106), to remain
available until September 30, 2023, shall be for competitive
grants to nonprofit or governmental entities to provide legal
assistance (including assistance related to pretrial
activities, trial activities, post-trial activities and
alternative dispute resolution) at no cost to eligible low-
income tenants at risk of or subject to eviction: Provided
further, That in awarding grants under the preceding proviso,
the Secretary shall give preference to applicants that include
a marketing strategy for residents of areas with high rates of
eviction, have experience providing no-cost legal assistance to
low-income individuals, including those with limited English
proficiency or disabilities, and have sufficient capacity to
administer such assistance: Provided further, That the
Secretary shall ensure, to the extent practicable, that the
proportion of eligible tenants living in rural areas who will
receive legal assistance with grant funds made available under
this heading is not less than the overall proportion of
eligible tenants who live in rural areas.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5401 et seq.), up to $13,000,000, to remain
available until expended, of which $13,000,000 shall be derived
from the Manufactured Housing Fees Trust Fund (established
under section 620(e) of such Act (42 U.S.C. 5419(e)):
Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund of
the Treasury to the extent necessary to incur obligations and
make expenditures pending the receipt of collections to the
Fund pursuant to section 620 of such Act: Provided further,
That the amount made available under this heading from the
general fund shall be reduced as such collections are received
during fiscal year 2021 so as to result in a final fiscal year
2021 appropriation from the general fund estimated at zero, and
fees pursuant to such section 620 shall be modified as
necessary to ensure such a final fiscal year 2021
appropriation: Provided further, That for the dispute
resolution and installation programs, the Secretary may assess
and collect fees from any program participant: Provided
further, That such collections shall be deposited into the
Trust Fund, and the Secretary, as provided herein, may use such
collections, as well as fees collected under section 620 of
such Act, for necessary expenses of such Act: Provided
further, That, notwithstanding the requirements of section 620
of such Act, the Secretary may carry out responsibilities of
the Secretary under such Act through the use of approved
service providers that are paid directly by the recipients of
their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30, 2022:
Provided, That during fiscal year 2021, obligations to make
direct loans to carry out the purposes of section 204(g) of the
National Housing Act, as amended, shall not exceed $1,000,000:
Provided further, That the foregoing amount in the previous
proviso shall be for loans to nonprofit and governmental
entities in connection with sales of single family real
properties owned by the Secretary and formerly insured under
the Mutual Mortgage Insurance Fund: Provided further, That for
administrative contract expenses of the Federal Housing
Administration, $130,000,000, to remain available until
September 30, 2022: Provided further, That to the extent
guaranteed loan commitments exceed $200,000,000,000 on or
before April 1, 2021, an additional $1,400 for administrative
contract expenses shall be available for each $1,000,000 in
additional guaranteed loan commitments (including a pro rata
amount for any amount below $1,000,000), but in no case shall
funds made available by this proviso exceed $30,000,000:
Provided further, That notwithstanding the limitation in the
first sentence of section 255(g) of the National Housing Act
(12 U.S.C. 1715z-20(g)), during fiscal year 2021 the Secretary
may insure and enter into new commitments to insure mortgages
under section 255 of the National Housing Act only to the
extent that the net credit subsidy cost for such insurance does
not exceed zero.
general and special risk program account
New commitments to guarantee loans insured under the General
and Special Risk Insurance Funds, as authorized by sections 238
and 519 of the National Housing Act (12 U.S.C. 1715z-3 and
1735c), shall not exceed $30,000,000,000 in total loan
principal, any part of which is to be guaranteed, to remain
available until September 30, 2022: Provided, That during
fiscal year 2021, gross obligations for the principal amount of
direct loans, as authorized by sections 204(g), 207(l), 238,
and 519(a) of the National Housing Act, shall not exceed
$1,000,000, which shall be for loans to nonprofit and
governmental entities in connection with the sale of single
family real properties owned by the Secretary and formerly
insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes
of section 306 of the National Housing Act, as amended (12
U.S.C. 1721(g)), shall not exceed $1,300,000,000,000, to remain
available until September 30, 2022: Provided, That
$33,500,000, to remain available until September 30, 2022,
shall be for necessary salaries and expenses of the Office of
Government National Mortgage Association: Provided further,
That to the extent that guaranteed loan commitments exceed
$155,000,000,000 on or before April 1, 2021, an additional $100
for necessary salaries and expenses shall be available until
expended for each $1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by this
proviso exceed $3,000,000: Provided further, That receipts
from Commitment and Multiclass fees collected pursuant to title
III of the National Housing Act (12 U.S.C. 1716 et seq.) shall
be credited as offsetting collections to this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems,
not otherwise provided for, as authorized by title V of the
Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-1 et
seq.), including carrying out the functions of the Secretary of
Housing and Urban Development under section 1(a)(1)(i) of
Reorganization Plan No. 2 of 1968, and for technical
assistance, $105,000,000, to remain available until September
30, 2022: Provided, That with respect to amounts made
available under this heading, notwithstanding section 203 of
this title, the Secretary may enter into cooperative agreements
with philanthropic entities, other Federal agencies, State or
local governments and their agencies, Indian Tribes, tribally
designated housing entities, or colleges or universities for
research projects: Provided further, That with respect to the
preceding proviso, such partners to the cooperative agreements
shall contribute at least a 50 percent match toward the cost of
the project: Provided further, That for non-competitive
agreements entered into in accordance with the preceding two
provisos, the Secretary shall comply with section 2(b) of the
Federal Funding Accountability and Transparency Act of 2006
(Public Law 109-282, 31 U.S.C. note) in lieu of compliance with
section 102(a)(4)(C) of the Department of Housing and Urban
Development Reform Act of 1989 (42 U.S.C. 3545(a)(4)(C)) with
respect to documentation of award decisions: Provided further,
That prior to obligation of technical assistance funding, the
Secretary shall submit a plan to the House and Senate
Committees on Appropriations on how the Secretary will allocate
funding for this activity at least 30 days prior to obligation:
Provided further, That none of the funds provided under this
heading may be available for the doctoral dissertation research
grant program.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968 (42 U.S.C. 3601 et seq.), and section 561 of the
Housing and Community Development Act of 1987 (42 U.S.C.
3616a), $72,555,000, to remain available until September 30,
2022: Provided, That notwithstanding section 3302 of title 31,
United States Code, the Secretary may assess and collect fees
to cover the costs of the Fair Housing Training Academy, and
may use such funds to develop on-line courses and provide such
training: Provided further, That none of the funds made
available under this heading may be used to lobby the executive
or legislative branches of the Federal Government in connection
with a specific contract, grant, or loan: Provided further,
That of the funds made available under this heading, $350,000
shall be available to the Secretary for the creation and
promotion of translated materials and other programs that
support the assistance of persons with limited English
proficiency in utilizing the services provided by the
Department of Housing and Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
(including transfer of funds)
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, $360,000,000, to remain available until
September 30, 2023, of which $60,000,000 shall be for the
Healthy Homes Initiative, pursuant to sections 501 and 502 of
the Housing and Urban Development Act of 1970, which shall
include research, studies, testing, and demonstration efforts,
including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards:
Provided, That for purposes of environmental review, pursuant
to the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and other provisions of law that further the
purposes of such Act, a grant under the Healthy Homes
Initiative, or the Lead Technical Studies program under this
heading or under prior appropriations Acts for such purposes
under this heading, shall be considered to be funds for a
special project for purposes of section 305(c) of the
Multifamily Housing Property Disposition Reform Act of 1994:
Provided further, That not less than $95,000,000 of the amounts
made available under this heading for the award of grants
pursuant to section 1011 of the Residential Lead-Based Paint
Hazard Reduction Act of 1992 shall be provided to areas with
the highest lead-based paint abatement needs: Provided
further, That with respect to obligated amounts appropriated
under this heading in title II of division G of the
Consolidated Appropriations Act, 2019 (Public Law 116-6) for
the implementation of projects to demonstrate how intensive,
extended, multi-year interventions can dramatically reduce the
presence of lead-based paint hazards in communities: (1) such
projects may serve more than four contiguous census tracts; (2)
such projects shall allow for enrollment of families and homes
within the community beyond where the initially targeted census
tracts were located, provided that such projects meet the
highest lead-based paint abatement needs, as determined by the
Secretary; and (3) such projects may exceed 5 years in
duration, notwithstanding any inconsistent requirements:
Provided further, That of the amount made available for the
Healthy Homes Initiative, $5,000,000 shall be for the
implementation of projects in up to five communities that are
served by both the Healthy Homes Initiative and the Department
of Energy weatherization programs to demonstrate whether the
coordination of Healthy Homes remediation activities with
weatherization activities achieves cost savings and better
outcomes in improving the safety and quality of homes:
Provided further, That each applicant for a grant or
cooperative agreement under this heading shall certify adequate
capacity that is acceptable to the Secretary to carry out the
proposed use of funds pursuant to a notice of funding
availability: Provided further, That of the amounts made
available under this heading, $10,000,000 shall be for a
program established by the Secretary to make grants to
experienced non-profit organizations, States, local
governments, or public housing agencies for safety and
functional home modification repairs to meet the needs of low-
income elderly homeowners to enable them to remain in their
primary residence: Provided further, That of the total amount
made available under the previous proviso, no less than
$5,000,000 shall be available to meet such needs in communities
with substantial rural populations: Provided further, That
amounts made available under this heading, except for amounts
in the previous two provisos, in this or prior appropriations
Acts, still remaining available, may be used for any purpose
under this heading notwithstanding the purpose for which such
amounts were appropriated if a program competition is
undersubscribed and there are other program competitions under
this heading that are oversubscribed: Provided further, That
up to $2,000,000 of the amounts made available under this
heading may be transferred to the heading ``Policy Development
and Research'' for the purposes of conducting research and
studies and for use in accordance with the provisos under that
heading for non-competitive agreements.
Information Technology Fund
For the development, modernization, and enhancement of,
modifications to, and infrastructure for Department-wide and
program-specific information technology systems, for the
continuing operation and maintenance of both Department-wide
and program-specific information systems, and for program-
related maintenance activities, $300,000,000, of which
$260,000,000 shall remain available until September 30, 2022,
and of which $40,000,000 shall remain available until September
30, 2024: Provided, That any amounts transferred to this Fund
under this Act shall remain available until expended: Provided
further, That any amounts transferred to this Fund from amounts
appropriated by previously enacted appropriations Acts may be
used for the purposes specified under this Fund, in addition to
any other information technology purposes for which such
amounts were appropriated: Provided further, That not more
than 10 percent of the funds made available under this heading
for development, modernization, and enhancement may be
obligated until the Secretary submits a performance plan to the
House and Senate Committees on Appropriations for approval.
Office of Inspector General
For necessary salaries and expenses of the Office of
Inspector General in carrying out the Inspector General Act of
1978, as amended, $135,514,000: Provided, That the Inspector
General shall have independent authority over all personnel
issues within this office: Provided further, That for this
fiscal year and each fiscal year thereafter, subject to
appropriations for that purpose, the Office of Inspector
General shall procure and rely upon the services of an
independent external auditor(s) to audit the financial
statements of the Department of Housing and Urban Development,
including the consolidated financial statement and the
financial statements of the Federal Housing Administration and
the Government National Mortgage Association: Provided
further, That in addition to amounts under this heading
otherwise available for the purposes specified in the previous
proviso, $1,686,000 shall be available only for such specified
purposes.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescissions)
Sec. 201. Fifty percent of the amounts of budget authority,
or in lieu thereof 50 percent of the cash amounts associated
with such budget authority, that are recaptured from projects
described in section 1012(a) of the Stewart B. McKinney
Homeless Assistance Amendments Act of 1988 (42 U.S.C. 1437f
note) shall be rescinded or in the case of cash, shall be
remitted to the Treasury, and such amounts of budget authority
or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or
local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development for
which settlement occurred after January 1, 1992, in accordance
with such section. Notwithstanding the previous sentence, the
Secretary may award up to 15 percent of the budget authority or
cash recaptured and not rescinded or remitted to the Treasury
to provide project owners with incentives to refinance their
project at a lower interest rate.
Sec. 202. None of the funds made available by this Act may
be used during fiscal year 2021 to investigate or prosecute
under the Fair Housing Act any otherwise lawful activity
engaged in by one or more persons, including the filing or
maintaining of a nonfrivolous legal action, that is engaged in
solely for the purpose of achieving or preventing action by a
Government official or entity, or a court of competent
jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title II of this Act shall be made on a competitive basis and
in accordance with section 102 of the Department of Housing and
Urban Development Reform Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of the
Federal National Mortgage Association, Government National
Mortgage Association, Federal Home Loan Mortgage Corporation,
Federal Financing Bank, Federal Reserve banks or any member
thereof, Federal Home Loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act,
as amended (12 U.S.C. 1811-1).
Sec. 205. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any appropriation
for the Department of Housing and Urban Development shall be
available for any program, project or activity in excess of
amounts set forth in the budget estimates submitted to
Congress.
Sec. 206. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act are hereby authorized to
make such expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in
carrying out the programs set forth in the budget for 2021 for
such corporation or agency except as hereinafter provided:
Provided, That collections of these corporations and agencies
may be used for new loan or mortgage purchase commitments only
to the extent expressly provided for in this Act (unless such
loans are in support of other forms of assistance provided for
in this or prior appropriations Acts), except that this proviso
shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage
purchases are necessary to protect the financial interest of
the United States Government.
Sec. 207. The Secretary shall provide quarterly reports to
the House and Senate Committees on Appropriations regarding all
uncommitted, unobligated, recaptured and excess funds in each
program and activity within the jurisdiction of the Department
and shall submit additional, updated budget information to
these Committees upon request.
Sec. 208. None of the funds made available by this title may
be used for an audit of the Government National Mortgage
Association that makes applicable requirements under the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
Sec. 209. (a) Notwithstanding any other provision of law,
subject to the conditions listed under this section, for fiscal
years 2021 and 2022, the Secretary of Housing and Urban
Development may authorize the transfer of some or all project-
based assistance, debt held or insured by the Secretary and
statutorily required low-income and very low-income use
restrictions if any, associated with one or more multifamily
housing project or projects to another multifamily housing
project or projects.
(b) Phased Transfers.--Transfers of project-based assistance
under this section may be done in phases to accommodate the
financing and other requirements related to rehabilitating or
constructing the project or projects to which the assistance is
transferred, to ensure that such project or projects meet the
standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to
the following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring
project: The number of low-income and very low-
income units and the configuration (i.e.,
bedroom size) provided by the transferring
project shall be no less than when transferred
to the receiving project or projects and the
net dollar amount of Federal assistance
provided to the transferring project shall
remain the same in the receiving project or
projects.
(B) For unoccupied units in the transferring
project: The Secretary may authorize a
reduction in the number of dwelling units in
the receiving project or projects to allow for
a reconfiguration of bedroom sizes to meet
current market demands, as determined by the
Secretary and provided there is no increase in
the project-based assistance budget authority.
(2) The transferring project shall, as determined by
the Secretary, be either physically obsolete or
economically nonviable, or be reasonably expected to
become economically nonviable when complying with state
or Federal requirements for community integration and
reduced concentration of individuals with disabilities.
(3) The receiving project or projects shall meet or
exceed applicable physical standards established by the
Secretary.
(4) The owner or mortgagor of the transferring
project shall notify and consult with the tenants
residing in the transferring project and provide a
certification of approval by all appropriate local
governmental officials.
(5) The tenants of the transferring project who
remain eligible for assistance to be provided by the
receiving project or projects shall not be required to
vacate their units in the transferring project or
projects until new units in the receiving project are
available for occupancy.
(6) The Secretary determines that this transfer is in
the best interest of the tenants.
(7) If either the transferring project or the
receiving project or projects meets the condition
specified in subsection (d)(2)(A), any lien on the
receiving project resulting from additional financing
obtained by the owner shall be subordinate to any FHA-
insured mortgage lien transferred to, or placed on,
such project by the Secretary, except that the
Secretary may waive this requirement upon determination
that such a waiver is necessary to facilitate the
financing of acquisition, construction, and/or
rehabilitation of the receiving project or projects.
(8) If the transferring project meets the
requirements of subsection (d)(2), the owner or
mortgagor of the receiving project or projects shall
execute and record either a continuation of the
existing use agreement or a new use agreement for the
project where, in either case, any use restrictions in
such agreement are of no lesser duration than the
existing use restrictions.
(9) The transfer does not increase the cost (as
defined in section 502 of the Congressional Budget Act
of 1974(2 U.S.C. 661a)) of any FHA-insured mortgage,
except to the extent that appropriations are provided
in advance for the amount of any such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income''
shall have the meanings provided by the statute and/or
regulations governing the program under which the
project is insured or assisted;
(2) the term ``multifamily housing project'' means
housing that meets one of the following conditions--
(A) housing that is subject to a mortgage
insured under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure including projects
undergoing mark to market debt restructuring
under the Multifamily Assisted Housing Reform
and Affordability Housing Act;
(C) housing that is assisted under section
202 of the Housing Act of 1959 (12 U.S.C.
1701q);
(D) housing that is assisted under section
202 of the Housing Act of 1959 (12 U.S.C.
1701q), as such section existed before the
enactment of the Cranston-Gonzales National
Affordable Housing Act;
(E) housing that is assisted under section
811 of the Cranston-Gonzales National
Affordable Housing Act (42 U.S.C. 8013); or
(F) housing or vacant land that is subject to
a use agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of
the United States Housing Act of 1937 (42
U.S.C. 1437f(b));
(B) assistance for housing constructed or
substantially rehabilitated pursuant to
assistance provided under section 8(b)(2) of
such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section
101 of the Housing and Urban Development Act of
1965 (12 U.S.C. 1701s);
(D) interest reduction payments under section
236 and/or additional assistance payments under
section 236(f)(2) of the National Housing Act
(12 U.S.C. 1715z-1);
(E) assistance payments made under section
202(c)(2) of the Housing Act of 1959 (12 U.S.C.
1701q(c)(2)); and
(F) assistance payments made under section
811(d)(2) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013(d)(2));
(4) the term ``receiving project or projects'' means
the multifamily housing project or projects to which
some or all of the project-based assistance, debt, and
statutorily required low-income and very low-income use
restrictions are to be transferred;
(5) the term ``transferring project'' means the
multifamily housing project which is transferring some
or all of the project-based assistance, debt, and the
statutorily required low-income and very low-income use
restrictions to the receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of
Housing and Urban Development.
(e) Research Report.--The Secretary shall conduct an
evaluation of the transfer authority under this section,
including the effect of such transfers on the operational
efficiency, contract rents, physical and financial conditions,
and long-term preservation of the affected properties.
Sec. 210. (a) No assistance shall be provided under section 8
of the United States Housing Act of 1937 (42 U.S.C. 1437f) to
any individual who--
(1) is enrolled as a student at an institution of
higher education (as defined under section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term
is defined in section 3(b)(3)(E) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was
not receiving assistance under such section 8 as of
November 30, 2005;
(7) is not a youth who left foster care at age 14 or
older and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has
parents who, individually or jointly, are not eligible,
to receive assistance under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), any financial assistance
(in excess of amounts received for tuition and any other
required fees and charges) that an individual receives under
the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from
private sources, or from an institution of higher education (as
defined under section 102 of the Higher Education Act of 1965
(20 U.S.C. 1002)), shall be considered income to that
individual, except for a person over the age of 23 with
dependent children.
Sec. 211. The funds made available for Native Alaskans under
paragraph (1) under the heading ``Native American Programs'' in
title II of this Act shall be allocated to the same Native
Alaskan housing block grant recipients that received funds in
fiscal year 2005, and only such recipients shall be eligible to
apply for funds made available under paragraph (2) of such
heading.
Sec. 212. Notwithstanding any other provision of law, in
fiscal year 2021, in managing and disposing of any multifamily
property that is owned or has a mortgage held by the Secretary
of Housing and Urban Development, and during the process of
foreclosure on any property with a contract for rental
assistance payments under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f) or any other Federal
programs, the Secretary shall maintain any rental assistance
payments under section 8 of the United States Housing Act of
1937 and other programs that are attached to any dwelling units
in the property. To the extent the Secretary determines, in
consultation with the tenants and the local government that
such a multifamily property owned or having a mortgage held by
the Secretary is not feasible for continued rental assistance
payments under such section 8 or other programs, based on
consideration of (1) the costs of rehabilitating and operating
the property and all available Federal, State, and local
resources, including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA'') (42 U.S.C. 1437f note), and (2) environmental
conditions that cannot be remedied in a cost-effective fashion,
the Secretary may, in consultation with the tenants of that
property, contract for project-based rental assistance payments
with an owner or owners of other existing housing properties,
or provide other rental assistance. The Secretary shall also
take appropriate steps to ensure that project-based contracts
remain in effect prior to foreclosure, subject to the exercise
of contractual abatement remedies to assist relocation of
tenants for imminent major threats to health and safety after
written notice to and informed consent of the affected tenants
and use of other available remedies, such as partial abatements
or receivership. After disposition of any multifamily property
described in this section, the contract and allowable rent
levels on such properties shall be subject to the requirements
under section 524 of MAHRAA.
Sec. 213. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary in
connection with the operating fund rule: Provided, That an
agency seeking a discontinuance of a reduction of subsidy under
the operating fund formula shall not be exempt from asset
management requirements.
Sec. 214. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital
improvement, and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of 1937
(42 U.S.C. 1437g(d),(e)), the Secretary shall not impose any
requirement or guideline relating to asset management that
restricts or limits in any way the use of capital funds for
central office costs pursuant to paragraph (1) or (2) of
section 9(g) of the United States Housing Act of 1937 (42
U.S.C. 1437g(g)(1), (2)): Provided, That a public housing
agency may not use capital funds authorized under section 9(d)
for activities that are eligible under section 9(e) for
assistance with amounts from the operating fund in excess of
the amounts permitted under paragraph (1) or (2) of section
9(g).
Sec. 215. No official or employee of the Department of
Housing and Urban Development shall be designated as an
allotment holder unless the Office of the Chief Financial
Officer has determined that such allotment holder has
implemented an adequate system of funds control and has
received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a
trained allotment holder for each HUD appropriation under the
accounts ``Executive Offices'', ``Administrative Support
Offices'', ``Program Offices'', ``Government National Mortgage
Association--Guarantees of Mortgage-Backed Securities Loan
Guarantee Program Account'', and ``Office of Inspector
General'' within the Department of Housing and Urban
Development.
Sec. 216. The Secretary shall, for fiscal year 2021, notify
the public through the Federal Register and other means, as
determined appropriate, of the issuance of a notice of the
availability of assistance or notice of funding availability
(NOFA) for any program or discretionary fund administered by
the Secretary that is to be competitively awarded.
Notwithstanding any other provision of law, for fiscal year
2021, the Secretary may make the NOFA available only on the
Internet at the appropriate Government website or through other
electronic media, as determined by the Secretary.
Sec. 217. Payment of attorney fees in program-related
litigation shall be paid from the individual program office and
Office of General Counsel salaries and expenses appropriations.
The annual budget submission for the program offices and the
Office of General Counsel shall include any such projected
litigation costs for attorney fees as a separate line item
request.
Sec. 218. The Secretary is authorized to transfer up to 10
percent or $5,000,000, whichever is less, of funds appropriated
for any office under the headings ``Administrative Support
Offices'' or ``Program Offices'' to any other such office under
such headings: Provided, That no appropriation for any such
office under such headings shall be increased or decreased by
more than 10 percent or $5,000,000, whichever is less, without
prior written approval of the House and Senate Committees on
Appropriations: Provided further, That the Secretary shall
provide notification to such Committees 3 business days in
advance of any such transfers under this section up to 10
percent or $5,000,000, whichever is less.
Sec. 219. (a) Any entity receiving housing assistance
payments shall maintain decent, safe, and sanitary conditions,
as determined by the Secretary, and comply with any standards
under applicable State or local laws, rules, ordinances, or
regulations relating to the physical condition of any property
covered under a housing assistance payment contract.
(b) The Secretary shall take action under subsection (c) when
a multifamily housing project with a contract under section 8
of the United States Housing Act of 1937 (42 U.S.C. 1437f) or a
contract for similar project-based assistance--
(1) receives a Uniform Physical Condition Standards
(UPCS) score of 60 or less; or
(2) fails to certify in writing to the Secretary
within 3 days that all Exigent Health and Safety
deficiencies identified by the inspector at the project
have been corrected.
Such requirements shall apply to insured and noninsured
projects with assistance attached to the units under section 8
of the United States Housing Act of 1937 (42 U.S.C. 1437f), but
shall not apply to such units assisted under section 8(o)(13)
of such Act (42 U.S.C. 1437f(o)(13)) or to public housing units
assisted with capital or operating funds under section 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the Real Estate
Assessment Center (``REAC'') inspection, the Secretary shall
provide the owner with a Notice of Default with a specified
timetable, determined by the Secretary, for correcting all
deficiencies. The Secretary shall provide a copy of the Notice
of Default to the tenants, the local government, any
mortgagees, and any contract administrator. If the owner's
appeal results in a UPCS score of 60 or above, the Secretary
may withdraw the Notice of Default.
(2) At the end of the time period for correcting all
deficiencies specified in the Notice of Default, if the owner
fails to fully correct such deficiencies, the Secretary may--
(A) require immediate replacement of project
management with a management agent approved by the
Secretary;
(B) impose civil money penalties, which shall be used
solely for the purpose of supporting safe and sanitary
conditions at applicable properties, as designated by
the Secretary, with priority given to the tenants of
the property affected by the penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(D) pursue transfer of the project to an owner,
approved by the Secretary under established procedures,
who will be obligated to promptly make all required
repairs and to accept renewal of the assistance
contract if such renewal is offered;
(E) transfer the existing section 8 contract to
another project or projects and owner or owners;
(F) pursue exclusionary sanctions, including
suspensions or debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage
the property and cure all project deficiencies or seek
a judicial order of specific performance requiring the
owner to cure all project deficiencies;
(H) work with the owner, lender, or other related
party to stabilize the property in an attempt to
preserve the property through compliance, transfer of
ownership, or an infusion of capital provided by a
third-party that requires time to effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the
Secretary.
(d) The Secretary shall take appropriate steps to ensure that
project-based contracts remain in effect, subject to the
exercise of contractual abatement remedies to assist relocation
of tenants for major threats to health and safety after written
notice to the affected tenants. To the extent the Secretary
determines, in consultation with the tenants and the local
government, that the property is not feasible for continued
rental assistance payments under such section 8 or other
programs, based on consideration of--
(1) the costs of rehabilitating and operating the
property and all available Federal, State, and local
resources, including rent adjustments under section 524
of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (``MAHRAA''); and
(2) environmental conditions that cannot be remedied
in a cost-effective fashion, the Secretary may contract
for project-based rental assistance payments with an
owner or owners of other existing housing properties,
or provide other rental assistance.
(e) The Secretary shall report quarterly on all properties
covered by this section that are assessed through the Real
Estate Assessment Center and have UPCS physical inspection
scores of less than 60 or have received an unsatisfactory
management and occupancy review within the past 36 months. The
report shall include--
(1) identification of the enforcement actions being
taken to address such conditions, including imposition
of civil money penalties and termination of subsidies,
and identification of properties that have such
conditions multiple times;
(2) identification of actions that the Department of
Housing and Urban Development is taking to protect
tenants of such identified properties; and
(3) any administrative or legislative recommendations
to further improve the living conditions at properties
covered under a housing assistance payment contract.
This report shall be submitted to the Senate and House
Committees on Appropriations not later than 30 days after the
enactment of this Act, and on the first business day of each
Federal fiscal year quarter thereafter while this section
remains in effect.
Sec. 220. None of the funds made available by this Act, or
any other Act, for purposes authorized under section 8 (only
with respect to the tenant-based rental assistance program) and
section 9 of the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.), may be used by any public housing agency for any
amount of salary, including bonuses, for the chief executive
officer of which, or any other official or employee of which,
that exceeds the annual rate of basic pay payable for a
position at level IV of the Executive Schedule at any time
during any public housing agency fiscal year 2021.
Sec. 221. None of the funds made available by this Act and
provided to the Department of Housing and Urban Development may
be used to make a grant award unless the Secretary notifies the
House and Senate Committees on Appropriations not less than 3
full business days before any project, State, locality, housing
authority, Tribe, nonprofit organization, or other entity
selected to receive a grant award is announced by the
Department or its offices.
Sec. 222. None of the funds made available by this Act may
be used to require or enforce the Physical Needs Assessment
(PNA).
Sec. 223. None of the funds made available in this Act shall
be used by the Federal Housing Administration, the Government
National Mortgage Association, or the Department of Housing and
Urban Development to insure, securitize, or establish a Federal
guarantee of any mortgage or mortgage backed security that
refinances or otherwise replaces a mortgage that has been
subject to eminent domain condemnation or seizure, by a State,
municipality, or any other political subdivision of a State.
Sec. 224. None of the funds made available by this Act may
be used to terminate the status of a unit of general local
government as a metropolitan city (as defined in section 102 of
the Housing and Community Development Act of 1974 (42 U.S.C.
5302)) with respect to grants under section 106 of such Act (42
U.S.C. 5306).
Sec. 225. Amounts made available by this Act that are
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the Office of Policy Development and Research of
the Department of Housing and Urban Development and functions
thereof, for research, evaluation, or statistical purposes, and
that are unexpended at the time of completion of a contract,
grant, or cooperative agreement, may be deobligated and shall
immediately become available and may be reobligated in that
fiscal year or the subsequent fiscal year for the research,
evaluation, or statistical purposes for which the amounts are
made available to that Office subject to reprogramming
requirements in section 405 of this Act.
Sec. 226. None of the funds provided in this Act or any
other Act may be used for awards, including performance,
special act, or spot, for any employee of the Department of
Housing and Urban Development subject to administrative
discipline (including suspension from work), in this fiscal
year, but this prohibition shall not be effective prior to the
effective date of any such administrative discipline or after
any final decision over-turning such discipline.
Sec. 227. With respect to grant amounts awarded under the
heading ``Homeless Assistance Grants'' for fiscal years 2015
through 2021 for the Continuum of Care (CoC) program as
authorized under subtitle C of title IV of the McKinney-Vento
Homeless Assistance Act, costs paid by program income of grant
recipients may count toward meeting the recipient's matching
requirements, provided the costs are eligible CoC costs that
supplement the recipient's CoC program.
Sec. 228. (a) From amounts made available under this title
under the heading ``Homeless Assistance Grants'', the Secretary
may award 1-year transition grants to recipients of funds for
activities under subtitle C of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11381 et seq.) to transition from one
Continuum of Care program component to another.
(b) In order to be eligible to receive a transition grant,
the funding recipient must have the consent of the continuum of
care and meet standards determined by the Secretary.
Sec. 229. None of the funds made available by this Act may
be used by the Department of Housing and Urban Development to
direct a grantee to undertake specific changes to existing
zoning laws as part of carrying out the final rule entitled
``Affirmatively Furthering Fair Housing'' (80 Fed. Reg. 42272
(July 16, 2015)) or the notice entitled ``Affirmatively
Furthering Fair Housing Assessment Tool'' (79 Fed. Reg. 57949
(September 26, 2014)).
Sec. 230. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such
designations, made by the Secretary in prior fiscal years,
shall remain in effect in accordance with the terms and
conditions of such agreements.
Sec. 231. None of the funds made available by this Act may
be used to establish and apply review criteria, including
rating factors or preference points, for participation in or
coordination with EnVision Centers, in the evaluation,
selection, and award of any funds made available and requiring
competitive selection under this Act, except with respect to
any such funds otherwise authorized for EnVision Center
purposes under this Act.
Sec. 232. None of the funds made available by this or any
prior Act may be used to require or enforce any changes to the
terms and conditions of the public housing annual contributions
contract between the Secretary and any public housing agency,
as such contract was in effect as of December 31, 2017, unless
such changes are mutually agreed upon by the Secretary and such
agency: Provided, That such agreement by an agency may be
indicated only by a written amendment to the terms and
conditions containing the duly authorized signature of its
chief executive: Provided further, That the Secretary may not
withhold funds to compel such agreement by an agency which
certifies to its compliance with its contract.
Sec. 233. None of the amounts made available in this Act may
be used to consider Family Self-Sufficiency performance
measures or performance scores in determining funding awards
for programs receiving Family Self-Sufficiency program
coordinator funding provided in this Act.
Sec. 234. Any public housing agency designated as a Moving
to Work agency pursuant to section 239 of division L of Public
Law 114-113 (42 U.S.C. 1437f note; 129 Stat. 2897) may, upon
such designation, use funds (except for special purpose
funding, including special purpose vouchers) previously
allocated to any such public housing agency under section 8 or
9 of the United States Housing Act of 1937, including any
reserve funds held by the public housing agency or funds held
by the Department of Housing and Urban Development, pursuant to
the authority for use of section 8 or 9 funding provided under
such section and section 204 of title II of the Departments of
Veterans Affairs and Housing and Urban Development and
Independent Agencies Appropriations Act, 1996 (Public Law 104-
134; 110 Stat. 1321-28), notwithstanding the purposes for which
such funds were appropriated.
Sec. 235. None of the amounts made available by this Act may
be used to prohibit any public housing agency under
receivership or the direction of a Federal monitor from
applying for, receiving, or using funds made available under
the heading ``Public Housing Fund'' for competitive grants to
evaluate and reduce lead-based paint hazards in this Act or
that remain available and not awarded from prior Acts, or be
used to prohibit a public housing agency from using such funds
to carry out any required work pursuant to a settlement
agreement, consent decree, voluntary agreement, or similar
document for a violation of the Lead Safe Housing or Lead
Disclosure Rules.
Sec. 236. There are hereby rescinded, from funds
appropriated under the heading ``Department of Housing and
Urban Development--Housing Programs--Rental Housing
Assistance''--
(1) all unobligated balances from recaptured amounts
appropriated prior to fiscal year 2006 from terminated
contracts under section 236(f)(2) of the National
Housing Act (12 U.S.C. 1715z-1(f)(2)), and any
unobligated balances, including recaptures and
carryover, remaining from funds appropriated under such
heading after fiscal year 2005; and
(2) any funds remaining from amounts appropriated
under such heading in the prior fiscal year.
Sec. 237. None of the funds made available by this title may
be used to issue rules or guidance in contravention of section
210 of Public Law 115-254 (132 Stat. 3442) or section 312 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5155).
Sec. 238. No later than September 30, 2021, the remaining
unobligated balances of funds made available for the youth
homelessness demonstration under the heading ``Department of
Housing and Urban Development--Community Planning and
Development--Homeless Assistance Grants'' in the Consolidated
Appropriations Act, 2019 (Public Law 116-6) are hereby
permanently rescinded, and an amount of additional new budget
authority equivalent to the amount rescinded is hereby
appropriated, to remain available until September 30, 2022, in
addition to other funds as may be available for such purposes,
and shall be available, without additional competition, for
completing the funding of awards made pursuant to the fiscal
year 2019 youth homelessness demonstration.
This title may be cited as the ``Department of Housing and
Urban Development Appropriations Act, 2021''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized by
section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792),
$9,200,000: Provided, That, notwithstanding any other
provision of law, there may be credited to this appropriation
funds received for publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936
(46 U.S.C. 307), including services as authorized by section
3109 of title 5, United States Code; hire of passenger motor
vehicles as authorized by section 1343(b) of title 31, United
States Code; and uniforms or allowances therefore, as
authorized by sections 5901 and 5902 of title 5, United States
Code, $30,300,000: Provided, That not to exceed $3,500 shall
be for official reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General for
the National Railroad Passenger Corporation to carry out the
provisions of the Inspector General Act of 1978 (5 U.S.C. App.
3), $25,274,000: Provided, That the Inspector General shall
have all necessary authority, in carrying out the duties
specified in such Act, to investigate allegations of fraud,
including false statements to the Government under section 1001
of title 18, United States Code, by any person or entity that
is subject to regulation by the National Railroad Passenger
Corporation: Provided further, That the Inspector General may
enter into contracts and other arrangements for audits,
studies, analyses, and other services with public agencies and
with private persons, subject to the applicable laws and
regulations that govern the obtaining of such services within
the National Railroad Passenger Corporation: Provided further,
That the Inspector General may select, appoint, and employ such
officers and employees as may be necessary for carrying out the
functions, powers, and duties of the Office of Inspector
General, subject to the applicable laws and regulations that
govern such selections, appointments, and employment within the
National Railroad Passenger Corporation: Provided further,
That concurrent with the President's budget request for fiscal
year 2022, the Inspector General shall submit to the House and
Senate Committees on Appropriations a budget request for fiscal
year 2022 in similar format and substance to budget requests
submitted by executive agencies of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety
Board, including hire of passenger motor vehicles and aircraft;
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
rate for a GS-15; uniforms, or allowances therefor, as
authorized by law (5 U.S.C. 5901-5902), $118,400,000, of which
not to exceed $2,000 may be used for official reception and
representation expenses: Provided, That the amounts made
available to the National Transportation Safety Board in this
Act include amounts necessary to make lease payments on an
obligation incurred in fiscal year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for
use in neighborhood reinvestment activities, as authorized by
the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101-
8107), $163,000,000, of which $5,000,000 shall be for a multi-
family rental housing program: Provided, That an additional
$2,000,000, to remain available until September 30, 2024, shall
be for the promotion and development of shared equity housing
models.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by section 3109 of title 5,
United States Code, $37,500,000: Provided, That,
notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Surface Transportation
Board shall be credited to this appropriation as offsetting
collections and used for necessary and authorized expenses
under this heading: Provided further, That the amounts made
available under this heading from the general fund shall be
reduced on a dollar-for-dollar basis as such offsetting
collections are received during fiscal year 2021, to result in
a final appropriation from the general fund estimated at not
more than $36,250,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses, including payment of salaries,
authorized travel, hire of passenger motor vehicles, the rental
of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States Code,
of the United States Interagency Council on Homelessness in
carrying out the functions pursuant to title II of the
McKinney-Vento Homeless Assistance Act, as amended, $3,800,000.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year,
nor may any be transferred to other appropriations, unless
expressly so provided herein.
Sec. 403. The expenditure of any appropriation under this
Act for any consulting service through a procurement contract
pursuant to section 3109 of title 5, United States Code, shall
be limited to those contracts where such expenditures are a
matter of public record and available for public inspection,
except where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.
Sec. 404. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge,
skills, and abilities bearing directly upon the
performance of official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of
the content and methods to be used in the training and
written end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new
age'' belief systems as defined in Equal Employment
Opportunity Commission Notice N-915.022, dated
September 2, 1988; or
(5) is offensive to, or designed to change,
participants' personal values or lifestyle outside the
workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in this
Act that remain available for obligation or expenditure in
fiscal year 2021, or provided from any accounts in the Treasury
derived by the collection of fees and available to the agencies
funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program,
project, or activity for which funds have been denied
or restricted by the Congress;
(4) proposes to use funds directed for a specific
activity by either the House or Senate Committees on
Appropriations for a different purpose;
(5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent,
whichever is less;
(6) reduces existing programs, projects, or
activities by $5,000,000 or 10 percent, whichever is
less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on
Appropriations or the table accompanying the
explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act),
whichever is more detailed, unless prior approval is
received from the House and Senate Committees on
Appropriations: Provided, That not later than 60 days
after the date of enactment of this Act, each agency
funded by this Act shall submit a report to the
Committees on Appropriations of the Senate and of the
House of Representatives to establish the baseline for
application of reprogramming and transfer authorities
for the current fiscal year: Provided further, That
the report shall include--
(A) a table for each appropriation with a
separate column to display the prior year
enacted level, the President's budget request,
adjustments made by Congress, adjustments due
to enacted rescissions, if appropriate, and the
fiscal year enacted level;
(B) a delineation in the table for each
appropriation and its respective prior year
enacted level by object class and program,
project, and activity as detailed in this Act,
the table accompanying the explanatory
statement described in section 4 (in the matter
preceding division A of this consolidated Act),
accompanying reports of the House and Senate
Committee on Appropriations, or in the budget
appendix for the respective appropriations,
whichever is more detailed, and shall apply to
all items for which a dollar amount is
specified and to all programs for which new
budget (obligational) authority is provided, as
well as to discretionary grants and
discretionary grant allocations; and
(C) an identification of items of special
congressional interest.
Sec. 406. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2021 from appropriations
made available for salaries and expenses for fiscal year 2021
in this Act, shall remain available through September 30, 2022,
for each such account for the purposes authorized: Provided,
That a request shall be submitted to the House and Senate
Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming
guidelines under section 405 of this Act.
Sec. 407. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power of
eminent domain, unless eminent domain is employed only for a
public use: Provided, That for purposes of this section,
public use shall not be construed to include economic
development that primarily benefits private entities: Provided
further, That any use of funds for mass transit, railroad,
airport, seaport or highway projects, as well as utility
projects which benefit or serve the general public (including
energy-related, communication-related, water-related and
wastewater-related infrastructure), other structures designated
for use by the general public or which have other common-
carrier or public-utility functions that serve the general
public and are subject to regulation and oversight by the
government, and projects for the removal of an immediate threat
to public health and safety or brownfields as defined in the
Small Business Liability Relief and Brownfields Revitalization
Act (Public Law 107-118) shall be considered a public use for
purposes of eminent domain.
Sec. 408. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriations Act.
Sec. 409. No part of any appropriation contained in this Act
shall be available to pay the salary for any person filling a
position, other than a temporary position, formerly held by an
employee who has left to enter the Armed Forces of the United
States and has satisfactorily completed his or her period of
active military or naval service, and has within 90 days after
his or her release from such service or from hospitalization
continuing after discharge for a period of not more than 1
year, made application for restoration to his or her former
position and has been certified by the Office of Personnel
Management as still qualified to perform the duties of his or
her former position and has not been restored thereto.
Sec. 410. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections 2
through 4 of the Act of March 3, 1933 (41 U.S.C. 8301-8305,
popularly known as the ``Buy American Act'').
Sec. 411. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been convicted of violating the Buy American Act (41
U.S.C. 8301-8305).
Sec. 412. None of the funds made available in this Act may
be used for first-class airline accommodations in contravention
of sections 301-10.122 and 301-10.123 of title 41, Code of
Federal Regulations.
Sec. 413. (a) None of the funds made available by this Act
may be used to approve a new foreign air carrier permit under
sections 41301 through 41305 of title 49, United States Code,
or exemption application under section 40109 of that title of
an air carrier already holding an air operators certificate
issued by a country that is party to the U.S.-E.U.-Iceland-
Norway Air Transport Agreement where such approval would
contravene United States law or Article 17 bis of the U.S.-
E.U.-Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or
otherwise preclude the Secretary of Transportation from
granting a foreign air carrier permit or an exemption to such
an air carrier where such authorization is consistent with the
U.S.-E.U.-Iceland-Norway Air Transport Agreement and United
States law.
Sec. 414. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees of a single agency or department of the
United States Government, who are stationed in the United
States, at any single international conference unless the
relevant Secretary reports to the House and Senate Committees
on Appropriations at least 5 days in advance that such
attendance is important to the national interest: Provided,
That for purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the
United States attended by representatives of the United States
Government and of foreign governments, international
organizations, or nongovernmental organizations.
Sec. 415. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface
Transportation Board to charge or collect any filing fee for
rate or practice complaints filed with the Board in an amount
in excess of the amount authorized for district court civil
suit filing fees under section 1914 of title 28, United States
Code.
Sec. 416. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 417. (a) None of the funds made available in this Act
may be used to deny an Inspector General funded under this Act
timely access to any records, documents, or other materials
available to the department or agency over which that Inspector
General has responsibilities under the Inspector General Act of
1978 (5 U.S.C. App.), or to prevent or impede that Inspector
General's access to such records, documents, or other
materials, under any provision of law, except a provision of
law that expressly refers to the Inspector General and
expressly limits the Inspector General's right of access.
(b) A department or agency covered by this section shall
provide its Inspector General with access to all such records,
documents, and other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with
statutory limitations on disclosure relevant to the information
provided by the establishment over which that Inspector General
has responsibilities under the Inspector General Act of 1978 (5
U.S.C. App.).
(d) Each Inspector General covered by this section shall
report to the Committees on Appropriations of the House of
Representatives and the Senate within 5 calendar days any
failures to comply with this requirement.
Sec. 418. None of the funds appropriated or otherwise made
available by this Act may be used to pay award or incentive
fees for contractors whose performance has been judged to be
below satisfactory, behind schedule, over budget, or has failed
to meet the basic requirements of a contract, unless the Agency
determines that any such deviations are due to unforeseeable
events, government-driven scope changes, or are not significant
within the overall scope of the project and/or program unless
such awards or incentive fees are consistent with 16.401(e)(2)
of the Federal Acquisition Regulations.
Sec. 419. In allocating and awarding available amounts
provided under the heading ``Homeless Assistance Grants'' in
the Department of Housing and Urban Development Appropriations
Act, 2020 (Public Law 116-94), the same heading for fiscal year
2019 (Public Law 116-6), and section 231 of Public Law 116-94
for the Continuum of Care program, the Secretary of Housing and
Urban Development shall renew for one 12-month period, without
additional competition, all projects with existing grants
expiring during calendar year 2021, including youth homeless
demonstration projects and shelter plus care projects expiring
during calendar year 2021, notwithstanding any inconsistent
provisions in such Acts or in subtitle C of title IV of the
McKinney-Vento Homeless Assistance Act, as amended: Provided,
That Continuum of Care planning and Unified Funding Agency
awards expiring in calendar year 2021 may also be renewed and
that the Continuum of Care may designate a new collaborative
applicant to receive the award in accordance with the existing
process established by the Secretary: Provided further, That
the Secretary shall publish a Notice that identifies and lists
all projects and awards eligible for such noncompetitive
renewal, prescribes the format and process by which the
projects and awards from the list will be renewed, makes
adjustments to the renewal amount based on changes to the Fair
Market Rent, and establishes a maximum amount for the renewal
of planning and Unified Funding Agency awards notwithstanding
the requirement that such maximum amount be established in a
Notice of Funding Availability.
Sec. 420. Of the amounts made available by this Act for
fiscal year 2021 under the heading ``Department of Housing and
Urban Development--Public and Indian Housing--Tenant-Based
Rental Assistance'' and specified in the first paragraph of
such heading, $695,000,000 is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 421. In addition to funds provided to the ``Payments to
Air Carriers'' program in Public Law 116-94, Public Law 116-
136, and this Act to carry out the essential air service
program under section 41731 through 41742 of title 49, United
States Code, $23,332,000 to be derived from the Treasury, and
to be made available to the Essential Air Service and Rural
Improvement Fund, to prevent, prepare for, and respond to
coronavirus, including to offset the loss resulting from the
coronavirus pandemic of the mandatory overflight fees collected
pursuant to section 45301 of title 49, United States Code:
Provided, That, notwithstanding section 41733 of title 49,
United States Code, for each of fiscal years 2020 and 2021, the
requirements established under subparagraphs (B) and (C) of
section 41731(a)(1) of title 49, United States Code, and the
subsidy cap established by section 332 of the Department of
Transportation and Related Agencies Appropriations Act, 2000,
shall not apply to maintain eligibility under section 417831 of
title 49, United States Code: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Sec. 422. Section 47114(c)(1) of title 49, United States
Code, is amended by adding at the end the following:
``(J) Special rule for fiscal years 2022 and
2023.--Notwithstanding subparagraph (A) and the
absence of scheduled passenger aircraft service
at an airport, the Secretary shall apportion in
fiscal years 2022 and 2023 to the sponsor of
the airport an amount based on the number of
passenger boardings at the airport during
whichever of the following years that would
result in the highest apportioned amount:
``(i) Calendar year 2018.
``(ii) Calendar year 2019.
``(iii) The prior full calendar year
prior to the current fiscal year.''.
Sec. 423. Notwithstanding section 47124(d)(1)(B) of title
49, United States Code, the Secretary of Transportation shall
not calculate a benefit-to-cost ratio with respect to an air
traffic control tower participating in the Contract Tower
Program on the basis of an annual aircraft traffic decrease in
fiscal years 2020 and 2021.
This division may be cited as the ``Transportation, Housing
and Urban Development, and Related Agencies Appropriations Act,
2021''.
[Clerk's note.--Reproduced below is the material relating
to division L contained in the Explanatory Statement regarding
H.R. 133, the Consolidated Appropriations Act, 2021.\1\]
---------------------------------------------------------------------------
\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
December 21, 2020 by Mrs. Lowey of New York, Chairwoman of the House
Committee on Appropriations. The Statement appears on page H8812 of
Book IV.
---------------------------------------------------------------------------
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2021
Congressional Directives
The joint explanatory statement accompanying this division
is approved and indicates congressional intent. Unless
otherwise noted, the language set forth in House Report 116-452
carries the same weight as language included in this joint
explanatory statement and should be complied with unless
specifically addressed to the contrary in this joint
explanatory statement. While some language is repeated for
emphasis, it is not intended to negate the language referred to
above unless expressly provided herein. In cases where the
House has directed the submission of a report, such report is
to be submitted to both the House and Senate Committees on
Appropriations. The Department of Transportation (DOT) and the
Department of Housing and Urban Development (HUD) are directed
to notify the House and Senate Committees on Appropriations
seven days prior to the announcement of a new program,
initiative, or authority. Any reprogramming requests must be
submitted to the Committees on Appropriations no later than
June 30, 2021.
CONGRESSIONAL BUDGET JUSTIFICATIONS
The agreement directs each agency to include within its
budget justification a report on all efforts made to address
the programmatic duplication identified by the annual
Government Accountability Office (GAO) reports along with legal
barriers preventing the agency's ability to further reduce
duplication and legislative recommendations, if applicable.
OTHER MATTERS
Contracting.--The agreement includes the reporting
requirement in House Report 116-452, except that such report is
to be submitted no later than 180 days after the enactment of
this Act.
Education safety using local media.--The agreement
encourages the National Highway Traffic Safety Administration
(NHTSA) to conduct outreach to the driving public through
advertising initiatives to support life-saving messages to be
delivered to local communities. NHTSA should focus media and
education content about driving automation on both driver
responsibility to understand how to safely use the new
assistance features and measures implemented by vehicle
manufacturers to help drivers use them as intended.
Federal Law Enforcement.--The agreement notes that the
explanatory statement accompanying the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2021 directs
the Attorney General to ensure implementation of evidence-based
training programs on de-escalation and the use-of-force, as
well as on police-community relations, that are broadly
applicable and scalable to all Federal law enforcement
agencies. The agreement further notes that several agencies
funded by this Act employ Federal law enforcement officers and
are Federal Law Enforcement Training Centers partner
organizations. The agreement directs such agencies to consult
with the Attorney General regarding the implementation of these
programs for their law enforcement officers. The agreement
further directs such agencies to brief the Committees on
Appropriations on their efforts relating to such implementation
no later than 90 days after consultation with the Attorney
General. In addition, the agreement directs such agencies, to
the extent that they are not already participating, to consult
with the Attorney General and the Director of the FBI regarding
participation in the National Use-of-Force Data Collection. The
agreement further directs such agencies to brief the Committees
on Appropriations, no later than 90 days after enactment of
this Act, on their current efforts to so participate.
TRANSPARENCY REQUIREMENT
Transparency in advertising.--The agreement directs the
Departments and agencies funded by this Act to state within the
text, audio, or video used for new advertising purposes,
including advertising/posting on the Internet, that the
advertisements are printed, published, or produced and
disseminated at U.S. taxpayer expense, with exemptions for
safety or conflicts with the agency's ability to carry out
their statutory authority.
Stevens amendment.--The agreement reminds the remaining
Department that has not submitted the report requested in
fiscal year 2020 to submit the information on the feasibility
of complying with the Stevens amendment.
Agency audits.--For all contract actions (including awards,
renewals, and amendments), departments and agencies provided
funding in this Act shall require any accounting firm providing
financial auditing or audit remediation services to provide a
statement setting forth the details of any disciplinary
proceedings occurring within 1 year of the projected
performance period related to noncompliance with rules or laws
applying to audit services.
DATA ACT COMPLIANCE
Digital Accountability and Transparency Act (DATA Act)
compliance.--The agreement expects agencies to prioritize the
submission of timely, accurate, quality, and complete financial
and award information in accordance with established management
guidance, reporting processes, and data standards established
under the DATA Act (P.L. 113-101). In addition, the agreement
supports continued funding for Chief Data Officer positions, as
specified in 44 U.S.C. 3520.
CYBERSECURITY
The agreement continues to support the ban included in
section 889 of Public Law 115-232 that prohibits government
agencies from buying certain telecommunications and video
surveillance services or equipment.
TITLE I--DEPARTMENT OF TRANSPORTATION
Office of the Secretary
SALARIES AND EXPENSES
The bill provides $126,174,000 for the salaries and
expenses of the Office of the Secretary (OST). The agreement
provides funding for one additional full-time equivalent in the
Office of the Assistant Secretary for Budget and Programs as
requested in the budget.
Surface transportation reauthorization.--The agreement
directs DOT to provide regular updates to Congress on the
status of the highway trust fund and to continue working with
the appropriate committees to reauthorize surface
transportation programs in order to provide long-term stability
for states.
Governmental and public affairs reorganization.--The
agreement does not include the budget request to reorganize
governmental and public affairs operations across the
Department by transferring positions from the operating
administrations (OAs) to the Office of Public Affairs and
Office of Governmental Affairs within OST. DOT may submit a
reprogramming request through section 405 of this Act to seek
approval from the House and Senate Committees on
Appropriations. The reprogramming request must include details
on the specific title of the positions to be transferred; a
plan on how OAs will continue to communicate and work with
Congress, stakeholders, and constituents; the benefits of
transferring these positions; and an explanation of how this
reorganization will improve transparency, accountability, and
modal expertise outside of the OA framework.
Departmental oversight.--The agreement directs the
Department to abide by both the will and intent of Congress in
all funding and policy decisions. DOT is reminded that
providing timely and accurate information and technical
assistance to the House and Senate Committees on Appropriations
is an essential requirement of our Constitutional democracy and
is necessary to conduct oversight of Federal resources and
execution of Congressional direction. Further, DOT is directed
to consult with the House and Senate Committees on
Appropriations prior to issuing all notices of funding
opportunities.
Transportation accessibility and mobility.--Directives
associated with the coordinating council on access and mobility
and pregnant transit riders in House Report 116-452 are
addressed within the Federal Transit Administration (FTA).
Infrastructure coordinator.--The agreement commends DOT for
designating the Office of International Transportation and
Trade (OITT) in OST to lead departmental efforts to coordinate
border transportation infrastructure initiatives and projects
with Mexico. The agreement directs DOT to expand OITT's work to
also include such activities with Canada for the northern
border.
Nationally significant freight and highway (INFRA)
projects.--The agreement does not include the House report
directive to include additional information in the Department's
annual report on the INFRA program. Instead, within 60 days of
announcing fiscal year 2021 INFRA awards, the agreement directs
DOT to offer briefings to all applicants that did not receive
an award in order to explain the factors that negatively
impacted the application and make recommendations for improving
the application for future grant rounds. Further, within 60
days of announcing grant awards, DOT is directed to publish on
its website a list of all fiscal year 2021 applications
received along with the names of the applicant organizations
and funding amounts requested.
Preclearance.--The Federal Aviation Administration (FAA),
the Federal Railroad Administration (FRA), and Amtrak are
expected to comply with the U.S.-Canada Agreement on Land,
Rail, Marine, and Air Transport Preclearance to facilitate air
travel and passenger rail service between United States and
Canadian cities. The agreement directs DOT agencies that have a
role in implementing preclearance operations on the four
specific sites announced by the United States and Canada on
March 10, 2016, to facilitate their preclearance facilities
development as expeditiously as possible. DOT will coordinate
efforts between the FAA, the FRA, and Amtrak. The Department is
reminded of the requirement to report on its progress on
preclearance and that the House and Senate Committees on
Appropriations await this report.
In-flight sexual misconduct task force.--The Department is
reminded of the requirement to provide an implementation plan
to Congress within 180 days of the date that the aviation
consumer protection advisory committee provides recommendations
to the Secretary. The Department should provide any briefings
upon request on implementation of the plan and timing of
subsequent rulemaking(s).
Privacy concerns regarding real-time location data.--The
agreement directs the Department to require recipients of
Federal funds, to the extent permitted by law, to submit and
make publicly available a privacy policy regarding the
collection, use, sharing, and protection of geolocation
information. The agreement directs the Department to develop a
public resource of best practices for privacy positive
approaches for geolocation data in transportation.
Implementation of National Transportation Safety Board
(NTSB) recommendations.--The agreement directs DOT to continue
to provide a regulatory status of each recommendation on the
NTSB's ``most wanted list'', as required by 49 U.S.C. 1135(e).
Freight.--The Department should support projects that
improve marine highways and inland waterways, and in furthering
this objective the Department should evaluate potential options
for Congress to modify existing transportation programs, such
as the national highway freight program, to allow for
improvements to inland waterways. The Department should report
on its findings and recommendations to the House and Senate
Committees on Appropriations, the House Committee on
Transportation and Infrastructure, and the Senate Committee on
Commerce, Science and Transportation within 180 days of
enactment of this Act.
RESEARCH AND TECHNOLOGY
The bill provides $22,800,000 for research and technology,
of which $16,485,000 shall remain available until expended.
Highly automated systems safety center of excellence (HASS
COE).--The agreement provides $3,000,000 for the HASS COE
established by section 105 of title I of division H of P.L.
116-94 and directs the Department to follow the direction
included in House Report 116-452 on the HASS COE.
Positioning, navigation and timing technologies.--The
agreement does not include a specific set-aside of funding as
provided in House Report 116-452. Instead, the agreement
acknowledges that the Department has six staff positions for
this work and encourages the office to fill current vacancies
to ensure adequate staffing to fulfill the requirements of this
initiative. Further, the agreement directs the Department to
brief the House and Senate Committees on Appropriations on the
results of the recent demonstration and the Department's
recommendations no later than 30 days after the recommendations
have been finalized.
Recycled plastic materials in transportation.--The
agreement provides $800,000 for the Secretary to enter into an
agreement with the National Academies of Sciences, Engineering,
and Medicine to conduct a study through the Transportation
Research Board on the use of recycled plastic materials, as
directed and enumerated in House Report 116-452. However, the
agreement modifies the direction in the House report by
limiting the study to recycled plastic materials in asphalt
mixtures.
Emergency planning transportation data initiative.--The
agreement provides $1,000,000 for an emergency planning
transportation data initiative to conduct research and develop
models of data integration of geo-located weather and roadway
information for emergency and other severe weather conditions
to improve public safety, emergency evacuation, and response
capabilities.
Shared-use mobility.--The agreement provides $2,970,000 for
the complete trips program and the Secretary is encouraged to
partner with universities, with expertise in mobility
challenges, to increase mobility to disadvantaged groups,
particularly in rural areas.
Autonomous vehicle research in rural areas.--The agreement
encourages the Department to work with universities and rural
communities to address the additional challenges of bringing
the benefits of autonomous vehicles to rural Americans.
Coordination of DOT research.--The agreement encourages the
Office of the Assistant Secretary for Research and Technology
to work collaboratively and in coordination with the impacted
modes across the Department to prevent duplication and ensure
Federal research investments are optimized.
Small business innovation research (SBIR).--The agreement
directs the Department to place an increased focus on making
SBIR awards to firms with fewer than 50 people.
Resilient infrastructure.--The agreement directs the
Department to expand its technical assistance and trainings to
help state DOTs, local governments, and tribal governments
develop reliable indicators of vulnerability and actionable
mitigation measures in all phases of transportation planning,
asset management, project-specific planning and development,
and operations toward improving resiliency and reducing
lifecycle costs. The Department is directed to prioritize
research and demonstrations of new and proven technologies that
could make our infrastructure systems more resilient. The
agreement provides $1,000,000 for these technical assistance,
training, research and development efforts.
NATIONAL INFRASTRUCTURE INVESTMENTS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $1,000,000,000 for national
infrastructure investments, to remain available until September
30, 2024. Of the total amount, not more than $30,000,000 is for
planning grants, of which not less than $10,000,000 is for
areas of persistent poverty. The bill allows the Secretary to
increase the Federal cost-share above 80 percent for awards in
rural and persistent poverty areas. The agreement does not
include direction in the House report to achieve a more
equitable distribution of fiscal year 2021 funding to
transportation modes which have been underfunded in recent
fiscal years, but does continue to make these projects eligible
for awards. The bill directs the Secretary to take such
measures so as to ensure investment in a variety of
transportation modes. The agreement reiterates to the
Department and potential applicants that this competitive grant
program supports a broad variety of transportation projects
including, but not limited to, highway, bridge, or road
projects; public transportation projects; passenger and freight
rail projects, including high speed passenger rail; port
infrastructure improvement projects; intermodal projects,
including commercial, transit, and intermodal parking garages;
bicycle and pedestrian projects; and multimodal infrastructure
projects, including infrastructure reuse projects and projects
that improve transportation safety and efficiency at ports,
piers, and parks.
NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU
The bill provides $5,000,000 for the National Surface
Transportation and Innovative Finance Bureau, to remain
available until expended.
Build America implementation plan.--The Department is
reminded of the requirement to compile an implementation plan
for how it plans to meet its objectives as required under 49
U.S.C. 116(d)(5).
Financing for transportation oriented development (TOD).--
The agreement directs the Secretary to encourage the use of the
Department's financing programs for TOD, where eligible, by
issuing clear guidance and working with applicants to ensure
projects meet the congressional intent of eligibility within 60
days of enactment of this Act.
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM
The bill authorizes the Secretary to issue direct loans and
loan guarantees pursuant to sections 501 through 504 of P.L.
94-210.
RRIF credit risk premium (CRP).--The agreement directs DOT
to expedite repayments for cohorts that have satisfied the
terms of their loan agreements, and to diligently oversee the
remaining cohort that has outstanding loans to ensure borrowers
who have repaid their loans are able to receive their CRP once
all loans have been satisfied.
FINANCIAL MANAGEMENT CAPITAL
The bill provides $2,000,000 for the financial management
capital program, to remain available until September 30, 2022.
CYBER SECURITY INITIATIVES
The bill provides $22,000,000 for the departmental cyber
security initiatives, to remain available until September 30,
2022.
OFFICE OF CIVIL RIGHTS
The bill provides $9,600,000 for the Office of Civil
Rights.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
(INCLUDING TRANSFER OF FUNDS)
The bill provides $9,350,000 for planning, research, and
development activities, to remain available until expended, of
which $1,000,000 is for the interagency infrastructure
permitting improvement center.
Non-traditional and emerging transportation technology
council. The Department is reminded of the December 20, 2020
reporting deadline to provide findings and recommendations from
the study on new and emerging cross-modal transportation
technologies, including hyperloop technology, required by P.L.
116-94. The Department is directed to brief the House and
Senate Committees on Appropriations no later than 30 days after
the findings and recommendations have been finalized. The
agreement does not include funding provided in House Report
116-452, and instead directs the Department to use the
$2,000,000 provided in fiscal year 2020 to complete the study,
conduct research on the safety and regulatory needs of such
technologies, and provide technical assistance to local and
state governments.
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
The bill limits expenditures for working capital fund
activities to $319,793,000. The limitation allows the
Department to complete the migration of commodity information
technology (IT) to the working capital fund, and, if needed,
the migration of personnel associated with commodity IT.
Permission to expand activities to human capital and non-
commodity IT activities is denied.
SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH
The bill provides $4,714,000 for small and disadvantaged
business utilization and outreach, to remain available until
September 30, 2022.
Disadvantaged business report--The agreement directs the
Secretary to perform a study on the disadvantaged business
enterprise (DBE) program to determine whether states are
meeting the 10 percent DBE usage required by current law. The
report should also include data on what percentage of DOT funds
go to DBEs in each state.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
The bill provides $141,724,000 for payments to air
carriers, to remain available until expended. The Secretary is
expected to continue to issue all waivers in fiscal year 2021
where required under current law.
TRANSPORTATION DEMONSTRATION PROGRAM
The bill provides $100,000,000 for the transportation
demonstration program, to remain available until expended. The
agreement directs the Department to establish a demonstration
program that provides grant funding to entities that are well-
positioned to augment existing intermodal and multimodal assets
in close proximity with capital investments that strengthen the
infrastructure connections. Such grant funding should seek to
eliminate artificial barriers and fill gaps that exist within
current grant programs. The Department is expected to
facilitate capital investments that seek to capitalize on and
streamline connections between aviation, maritime, rail, and
highway infrastructure and generate efficiencies in inventory
and supply chain management.
ADMINISTRATIVE PROVISIONS--OFFICE OF THE SECRETARY OF TRANSPORTATION
(INCLUDING RESCISSIONS)
Section 101 prohibits funds available to the Department of
Transportation from being obligated for the Office of the
Secretary of Transportation to approve assessments or
reimbursable agreements pertaining to funds appropriated to the
operating administrations, except for activities underway on
the date of enactment of this Act, unless such assessments or
agreements have completed the normal reprogramming process for
congressional notification.
Section 102 requires the Secretary of Transportation to
post on the internet a schedule of all council on credit and
finance meetings, agendas, and meeting minutes.
Section 103 allows the Department of Transportation's
working capital fund to provide payments in advance to vendors
for the Federal transit pass fringe benefit program, and to
provide full or partial payments to, and to accept
reimbursements from, Federal agencies for transit benefit
distribution services.
Section 104 allows the Department of Transportation's
working capital fund to use certain recoveries from the transit
benefit program to improve the administration of that program.
Section 105 extends the period of availability for grants
made available in Public Law 116-6.
Section 106 requires approval from the Assistant Secretary
for Administration for retention or senior executive bonuses
for all DOT employees.
Section 107 requires the Department of Transportation's
working capital fund to transfer equipment into the working
capital fund and collect replacement reserve for the equipment
equal to the useful life and estimated replacement cost of such
equipment.
Section 108 requires congressional notification before the
Department provides credit assistance under the Transportation
Infrastructure Finance and Innovation Act (TIFIA) program.
Federal Aviation Administration
OPERATIONS
(AIRPORT AND AIRWAY TRUST FUND)
The agreement provides $11,001,500,000 for the operations
of the Federal Aviation Administration (FAA), to remain
available until September 30, 2022. Of the total amount
provided, $10,519,000,000 is to be derived from the airport and
airway trust fund. Funds are distributed in the bill by budget
activity. The agreement includes sufficient funding to support
40,247 positions.
Aviation safety.--Within aviation safety, the agreement
includes an increase of $5,000,000 and 25 positions above the
request for a total of 75 new positions. The agreement expects
the FAA to meet these staffing levels by continuing to use
direct hire authority, and by providing permanent change of
station benefits and sign-on bonuses to increase staffing for
aviation safety. The agreement recognizes this is an initial
investment on a multi-year hiring strategy to address the
workforce demands of this office and directs the FAA to report
to the House and Senate Committees on Appropriations on the
workforce analysis that is currently underway pursuant to the
Joint Authorities Technical Review recommendations, which shall
also include an analysis of the technical skills and
qualifications necessary to fulfill the demands of a more
robust and qualified workforce to meet the FAA's safety and
certification mission. In addition, the FAA should provide
quarterly staffing data, including hiring and separations, by
program office for all positions funded by this Act to the
House and Senate Committees on Appropriations.
Human intervention motivational study (HIMS) program and
the flight attendant drug and alcohol program (FADAP).--The
agreement supports these programs and up to $1,000,000 shall be
for the Secretary to complete the study required by section 554
of the FAA Reauthorization Act of 2018 (Public Law 115-254).
The following table compares the bill to the levels
proposed in the budget request by activity:
------------------------------------------------------------------------
Budget Request Bill
------------------------------------------------------------------------
Aviation Safety................... 1,474,039,000 1,479,039,000
Air Traffic Organization.......... 8,210,821,000 8,205,821,000
Commercial Space Transportation... 27,555,000 27,555,000
Finance and management............ 836,141,000 836,141,000
NextGen and operations planning... 62,862,000 62,862,000
Security and Hazardous Materials 124,928,000 124,928,000
Safety...........................
Staff offices..................... 265,154,000 265,154,000
Total........................... 11,001,500,000 11,001,500,000
------------------------------------------------------------------------
Workforce diversity.--Of the amount provided for staff
offices, the agreement includes up to $5,000,000, but not less
than $3,500,000, for the minority serving institutions
internship program for the cost of the stipend, travel,
orientations, workshops, field trips, mentoring, coaching,
program administration, and program evaluation.
Contract towers.--The agreement directs the FAA to provide
flexibility to contract towers at small-hub airports with
unique terrain and winter weather challenges so they include a
minimum of two controllers during all regularly scheduled
commercial flights, where permissible under current law.
Disease prevention.--The agreement directs the FAA to
inform the House and Senate Appropriations Committees if
resources, new legislative authority, or clarifying existing
legislative authority is needed to fill the void in leadership
with regard to contact tracing to identify aviation passengers
possibly exposed to communicable diseases, the use of masks for
aviation passengers and crewmembers, policies for social
distancing and seating arrangements on aircraft, and
recirculation of communicable diseases in airliner cabins.
Unfinished rulemakings.--The agreement directs the FAA to
report on unfinished rulemakings related to the safety of
foreign repair stations and flight attendant rest requirements
30 days after enactment of this Act.
Organization designation authorization (ODA) office.--The
agreement approves the proposal in the budget request for an
ODA Office that reports directly to the Associate Administrator
for Aviation Safety, and requires the FAA to provide the
following information to the House and Senate Committees on
Appropriations not less than 30 days after enactment: (1) a
timeline of actions taken since March 2019 to operationalize
the ODA office; (2) a copy of the office's functional
statement, organization chart, implementation plan, staffing
and resource plan, and performance goals; (3) and a description
and diagram of the office's roles, responsibilities, and
relationship with respect to existing FAA offices and Federal
agencies.
Safety management system (SMS).--The agreement expects the
FAA to prioritize issuing a rulemaking requiring design and
production approval holders for aviation products to establish
a SMS.
FAA public hearing.--With regard to the proposed
modifications to the Condor 1 and Condor 2 military operating
areas, the agreement encourages the FAA to continue working
with its partner agencies by holding a public hearing with
representatives from the relevant Federal agencies in western
Maine upon completion of the Air National Guard's environmental
impact statement and the record of decision. The agreement
directs the FAA to report to the House and Senate Committees on
Appropriations prior to the issuance of a record of decision
regarding the modification of the Condor 1 and Condor 2
military operations areas that includes a summary of any public
meeting and hearing and a list of the comments, questions, and
responses presented at these meetings and hearings.
Landing strips.--The agreement directs the FAA to assist
Federal land managers, including, but not limited to, the
Bureau of Land Management, United States Forest Service, and
National Park Service, in charting backcountry landing strips
located on Federal lands that are and may be useful for
administrative, recreational, and emergency purposes.
Contracting.--The FAA should complete necessary actions to
implement recommendations from the Office of Inspector General
(OIG) report on the FAA's competitive award practices for its
major program contracts by December 31, 2020.
Veterans' pilot training grant program.--The agreement
directs the FAA to continue the administrative requirements for
implementation of this program and provides up to $5,000,000
for this purpose.
Commercial space.--The agreement directs the FAA to
evaluate the transmission of real time hazards areas into en
route automation modernization, and to report to the House and
Senate Committees on Appropriations once an investment decision
is reached. The agreement urges the FAA to continue taking all
necessary steps permissible under current law to prepare for
the regulation of occupant safety in commercial human
spaceflight activities. The exponential rise of non-
geostationary satellites, particularly those in low earth
orbit, poses an increased risk due to reentering debris, and
the agreement directs the FAA to provide a report to the House
and Senate Committees on Appropriations within 270 days of
enactment of this Act assessing how the FAA launch and reentry
licensing process can be leveraged to address this risk.
Unmanned aircraft systems (UAS) test sites.--The agreement
includes $6,000,000 for matching funds to commercial entities
that contract with a FAA designated UAS test site to
demonstrate or validate technologies that the FAA considers
essential to the safe integration of UAS into the national
airspace system.
UAS public awareness.--The agreement includes up to
$1,000,000 for the existing ``Know Before You Fly'' initiative.
UAS integration pilot program (IPP).--The agreement directs
the FAA to continue its relationships with participants from
the IPP in order to better inform the FAA's ongoing work on
UAS.
Beyond visual line of sight (BVLOS).--The FAA shall report
to the House and Senate Committees on Appropriations within 90
days of enactment of this Act on how it plans to address a
number of complex safety concerns prior to allowing for BVLOS
operations, including safe distance separation, right-of-way,
reliability standards for sensors, and the associated data
sources and data fidelity for flight planning, terrain
avoidance, object avoidance, collision avoidance, and how
current onboard detect and avoid technology manufacturers and
users are addressing these challenges.
Small UAS procurement.--For any acquisition of small UAS
using funds provided by the FAA, including those to Federal
grant recipients, the FAA should require certifications of
review of the Department of Homeland Security (DHS) industry
alert, and any subsequent and relevant UAS guidance, and
completion of a risk assessment that considers the proposed use
of the foreign-made UAS. The FAA is directed to regularly brief
the House and Senate Committees on Appropriations, on an as
needed basis, on any security risks or challenges identified by
the agency from any small UAS or UAS components.
Urban air mobility and electric vertical take-off and
landing workforce preparedness study.--The agreement directs
the GAO to study the workforce needs in aerospace
manufacturing, pilots, electric charging, and aircraft
maintenance and to report on its findings to the House and
Senate Committees on Appropriations within 1 year of enactment
of this Act. The GAO should consult with representatives of
aircraft manufacturers, aircraft operators, companies
developing innovative technological solutions to manage air
traffic, airports, the tourism industry, the business travel
industry, electricity providers and utilities, and State and
local governments.
General aviation safety.--The agreement includes up to
$1,500,000 for the FAA to work with stakeholders in Alaska,
including universities with expertise in aviation safety, on
general aviation safety research, safety courses development
and delivery, and training. The FAA should also consider
establishing a working group, as recommended by the NTSB, if
warranted.
Helicopter safety NTSB recommendations.--The FAA should
consider requiring principal operations inspectors to have
experience with helicopter air ambulance (HAA) operations or
receive additional training on HAA operations and oversight.
The FAA should also review the flight risk assessments for all
HAA operators for compliance with relevant regulations and
advisory circulars.
Not later than 180 days after enactment of this Act, the
FAA shall submit a report to the House and Senate Committees on
Appropriations detailing the net passenger and public safety
benefits of terrain awareness and warning systems on all
commercial helicopters, as well as any challenges with
implementing such a mandate. In addition, not later than 180
days after the date of the enactment of this Act, the
Administrator of the FAA shall provide a status update on the
issuance of new or revised regulations implementing NTSB
recommendations A-06-017, A-06-18, and A-06-019.
Helicopter safety low-altitude navigation.--The agreement
includes $5,000,000 for the FAA to continue efforts initiated
in fiscal year 2019 to improve helicopter safety and directs
the FAA to brief the House and Senate Committees on
Appropriations within 120 days of enactment of this Act on an
execution strategy, including program structure, phased plan,
schedule with milestones, deliverables, and barriers to
completion for the helicopter safety funds included in this
agreement, as well as those provided in fiscal years 2019 and
2020.
FAA organization chart.--The agreement directs the FAA to
submit to the House and Senate Committees on Appropriations
current, accurate, and detailed organizational charts for each
office not later than March 31, 2021.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
The agreement provides $3,015,000,000 for facilities and
equipment. Of the total amount available, $545,000,000 is
available until September 30, 2022; $2,330,400,000 is available
until September 30, 2023; and $139,600,000 is available until
expended. The FAA is expected to make sound investment
decisions and report to the House and Senate Committees on
Appropriations on any major cost overruns or delays.
The following table provides details by activity compared
to the budget request:
------------------------------------------------------------------------
Facilities and Equipment Budget Request Agreement
------------------------------------------------------------------------
Activity 1--Engineering,
Development, Test and Evaluation
Advanced Technology Development 26,600,000 26,600,000
and Prototyping................
William J. Hughes Technical 16,900,000 16,900,000
Center Laboratory Sustainment..
William J. Hughes Technical 10,000,000 10,000,000
Center Infrastructure
Sustainment....................
NextGen--Separation Management 21,200,000 21,200,000
Portfolio......................
NextGen--Traffic Flow Management 8,000,000 8,000,000
Portfolio......................
NextGen--On Demand NAS Portfolio 10,500,000 10,500,000
NextGen--NAS Infrastructure 15,000,000 15,000,000
Portfolio......................
NextGen Support Portfolio....... 8,400,000 8,400,000
NextGen--Unmanned Aircraft 22,000,000 22,000,000
Systems (UAS)..................
NextGen--Enterprise, Concept 15,000,000 19,000,000
Development, Human Factors, &
Demonstrations Portfolio.......
Total, Activity 1............. 153,600,000 157,600,000
Activity 2--Air Traffic Control
Facilities and Equipment
a. En Route Programs
En Route Automation 66,900,000 66,900,000
Modernization (ERAM)--System
Enhancements and Technology
Refresh........................
En Route Communications Gateway 2,350,000 2,350,000
(ECG)..........................
Next Generation Weather Radar 3,600,000 3,600,000
(NEXRAD).......................
Air Route Traffic Control Center 101,200,000 101,200,000
(ARTCC) & Combined Control
Facility (CCF) Building
Improvements...................
Air/Ground Communications 7,850,000 7,850,000
Infrastructure.................
Air Traffic Control En Route 7,500,000 7,500,000
Radar Facilities Improvements..
Oceanic Automation System....... 9,150,000 9,150,000
Next Generation Very High 40,000,000 60,000,000
Frequency Air/Ground
Communications (NEXCOM)........
System-Wide Information 31,050,000 31,050,000
Management.....................
ADS-B NAS Wide Implementation... 170,000,000 180,000,000
Windshear Detection Service..... 2,500,000 2,500,000
Air Traffic Management 56,000,000 17,200,000
Implementation Portfolio.......
Time Based Flow Management 16,250,000 20,000,000
Portfolio......................
NextGen Weather Processor....... 24,300,000 24,300,000
Airborne Collision Avoidance 5,100,000 5,100,000
System X (ACAS-X)..............
Data Communications in Support 99,800,000 110,000,000
of NextGen Air Transportation
System.........................
Reduced Oceanic Separation...... 10,450,000 15,450,000
En Route Service Improvements... 2,000,000 2,000,000
Commercial Space Integration.... 11,000,000 11,000,000
Subtotal, En Route Programs... 667,000,000 677,150,000
b. Terminal Programs
Standard Terminal Automation 74,900,000 74,900,000
Replacement System (STARS)
(TAMR Phase 1).................
Terminal Automation Program..... 3,900,000 3,900,000
Terminal Air Traffic Control 55,000,000 55,000,000
Facilities--Replace............
Air Traffic Control Tower (ATCT)/ 84,600,000 84,600,000
Terminal Radar Approach Control
(TRACON) Facilities--Improve...
NAS Facilities OSHA and 28,900,000 28,900,000
Environmental Standards
Compliance.....................
Integrated Display System (IDS). 30,000,000 30,000,000
Terminal Flight Data Manager 79,050,000 79,050,000
(TFDM).........................
Performance Based Navigation 8,000,000 8,000,000
Support Portfolio..............
Unmanned Aircraft Systems (UAS) 26,600,000 26,600,000
Implementation.................
Airport Ground Surveillance 30,350,000 27,350,000
Portfolio......................
Terminal and EnRoute 78,600,000 78,600,000
Surveillance Portfolio.........
Terminal and EnRoute Voice 43,400,000 37,750,000
Switch and Recorder Portfolio..
Enterprise Information Platform. 10,500,000 10,000,000
Subtotal, Terminal Programs... 553,800,000 544,650,000
c. Flight Service Programs
Aviation Surface Observation 5,000,000 5,000,000
System (ASOS)..................
Future Flight Services Program 17,800,000 17,800,000
(FFSP).........................
Alaska Flight Service Facility 2,650,000 2,650,000
Modernization (AFSFM)..........
Juneau Airport Wind System 1,000,000 1,000,000
(JAWS)--Technology Refresh.....
Weather Camera Program.......... -- 2,000,000
Subtotal, Flight Service 26,450,000 28,450,000
Programs.....................
d. Landing and Navigational Aids
Program
Very High Frequency (VHF) 19,000,000 19,000,000
Omnidirectional Radio Range
(VOR) Minimum Operating Network
(MON)..........................
Instrument Landing System (ILS). -- 10,000,000
Wide Area Augmentation System 83,900,000 83,900,000
(WAAS) for GPS.................
Runway Safety Areas-- 1,800,000 1,800,000
Navigational Mitigation........
Landing and Lighting Portfolio.. 68,950,000 64,930,000
Distance Measuring Equipment 10,000,000 10,000,000
(DME), Very High Frequency
(VHF) Omni-Directional Range
(VOR), Tactical Air Navigation
(TACAN) (DVT) Sustainment
Portfolio......................
Subtotal, Landing and 183,650,000 189,630,000
Navigational Aids Programs...
e. Other ATC Facilities Programs
Fuel Storage Tank Replacement 32,400,000 32,400,000
and Management.................
Unstaffed Infrastructure 60,200,000 60,200,000
Sustainment....................
Aircraft Replacement and Related 36,100,000 36,100,000
Equipment Program..............
Airport Cable Loop Systems-- 9,000,000 9,000,000
Sustained Support..............
Alaskan Satellite 1,000,000 1,000,000
Telecommunications
Infrastructure (ASTI)..........
Facilities Decommissioning...... 4,800,000 4,800,000
Energy Management and Compliance 7,400,000 7,400,000
(EMC)..........................
Electrical Power Systems-- 149,400,000 149,400,000
Sustain/Support................
Child Care Center Sustainment... 1,000,000 1,000,000
FAA Telecommunications 34,700,000 34,700,000
Infrastructure.................
Operational Analysis and 15,900,000 15,900,000
Reporting Systems..............
Time Division Multiplexing (TDM)- 11,300,000 26,670,000
to-Internet Protocol (IP)
Migration......................
Subtotal, Other ATC Facilities 363,200,000 378,570,000
Programs.....................
Total, Activity 2............. 1,794,100,000 1,818,450,000
Activity 3--Non-Air Traffic
Control Facilities and Equipment
a. Support Equipment
Hazardous Materials Management.. 27,500,000 26,000,000
Aviation Safety Analysis System 23,500,000 23,500,000
(ASAS).........................
National Air Space (NAS) 12,000,000 12,000,000
Recovery Communications (RCOM).
Facility Security Risk 24,400,000 22,000,000
Management.....................
Information Security............ 18,500,000 18,500,000
System Approach for Safety 29,200,000 29,200,000
Oversight (SASO)...............
Aviation Safety Knowledge 9,700,000 9,700,000
Management Environment (ASKME).
Aerospace Medical Equipment 28,300,000 26,800,000
Needs (AMEN)...................
NextGen--System Safety 21,500,000 21,500,000
Management Portfolio...........
National Test Equipment Program 3,000,000 3,000,000
(NTEP).........................
Mobile Assets Management Program 2,500,000 2,500,000
Aerospace Medicine Safety 20,200,000 20,200,000
Information Systems (AMSIS)....
Configuration, Logistics, and 29,300,000 26,350,000
Maintenance Resource Solutions
(CLMRS)........................
Subtotal, Support Equipment... 249,600,000 241,250,000
b. Training, Equipment and
Facilities
Aeronautical Center 14,000,000 14,000,000
Infrastructure Modernization...
Distance Learning............... 1,000,000 1,000,000
Subtotal, Training, Equipment 15,000,000 15,000,000
and Facilities...............
Total, Activity 3............. 264,600,000 256,250,000
Activity 4--Facilities and
Equipment Mission Support
System Engineering and 39,100,000 39,100,000
Development Support............
Program Support Leases.......... 48,000,000 48,000,000
Logistics and Acquisition 12,000,000 12,000,000
Support Services...............
Mike Monroney Aeronautical 21,100,000 21,100,000
Center Leases..................
Transition Engineering Support.. 17,000,000 17,000,000
Technical Support Services 28,000,000 28,000,000
Contract (TSSC)................
Resource Tracking Program (RTP). 8,000,000 8,000,000
Center for Advanced Aviation 57,000,000 57,000,000
System Development (CAASD).....
Aeronautical Information 7,500,000 7,500,000
Management Program.............
Total, Activity 4............. 237,700,000 237,700,000
Activity 5--Personnel and Related
Expenses
Personnel and Related Expenses.. 550,000,000 545,000,000
Total, All Activities......... 3,000,000,000 3,015,000,000
------------------------------------------------------------------------
NextGen separation management portfolio.--The agreement
includes $21,200,000. The FAA should evaluate the human factors
and technical approach of the multi-platform ATC re-hosting
solution (MARS) platform.
Enterprise, concept development, human factors, and
demonstration portfolio.--The agreement includes not less than
$6,000,000 and up to $9,000,000 to continue the implementation
of the remote tower pilot program authorized in section 161 of
the FAA Reauthorization Act of 2018 (Public Law 115-254). The
FAA is directed to equitably distribute resources to assess and
certify these systems between each remote tower location and to
support the inclusion of additional remote towers to the pilot
program as appropriate.
Terminal air traffic control facilities replace.--The
agreement directs the FAA to work to address aging and
antiquated air traffic control facilities that it leases from
airport authorities to ensure they are fully compliant with
current building codes consistent with being occupied by air
traffic controllers, and directs the FAA to consider creative
financing options and to include consideration of long-term
cost recovery leases, when conditions warrant the construction
of new air traffic control towers.
Terminal and en route surveillance portfolio.--The
agreement includes $78,600,000, including $3,100,000 for
airport surveillance radar (ASR)-8 sustainment, and directs the
FAA to work to address airports concerns with existing ASR-8
radar systems interference with surrounding topography and
local economic development, and to incorporate the potential
needs for radar relocation into its ongoing ASR-8 technology
refresh program.
Instrument landing systems (ILS).--The agreement includes
$10,000,000 for the procurement and installation of ILS
services. The agreement directs the FAA to accelerate the
installation and commissioning of ILS systems, utilizing
established contractors to augment FAA resources, if necessary.
Time division multiplexing (TDM) to internet protocol (IP)
migration.--The FAA must invest in new broadband/carrier
ethernet technology where cost-effective and available to
replace low speed TDM service in order to sustain NAS
operations. In addition, the FAA must modernize its systems to
utilize IP technology to take advantage of a modern broadband/
carrier ethernet based network and reduce dependence on TDM
technology.
Central Appalachia.--The agreement requests FAA to review
air navigation needs in Central Appalachia and the potential
benefits of transponder landing system (TLS), or similar
technologies to enhance safety and efficiency in the region.
FAA is instructed to brief the House and Senate Committees on
Appropriations on the potential solutions no later than 90 days
after enactment of this Act.
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
The agreement provides $198,000,000 for the FAA's research,
engineering, and development activities, to remain available
until September 30, 2023.
The following table provides details by program compared to
the budget request:
------------------------------------------------------------------------
Research, Engineering, and
Development Budget Request Agreement
------------------------------------------------------------------------
Program
Safety:
Fire Research and Safety........ 7,136,000 7,136,000
Propulsion and Fuel Systems..... 4,215,000 4,215,000
Advanced Materials/Structural 1,003,000 14,720,000
Safety.........................
Aircraft Icing/Digital System 6,426,000 6,426,000
Safety/Aircraft Cyber..........
Continued Air Worthiness........ 9,642,000 11,269,000
Aircraft Catastrophic Failure 0 1,565,000
Prevention Research............
Flightdeck/Maintenance/System 7,469,000 7,469,000
Integration Human Factors......
System Safety Management/ 5,485,000 5,485,000
Terminal Area Safety...........
Air Traffic Control Technical 5,685,000 5,685,000
Operations Human Factors.......
Aeromedical Research............ 10,235,000 10,235,000
Weather Program................. 6,236,000 6,236,000
Unmanned Aircraft Systems 24,035,000 24,035,000
Research.......................
Alternative Fuels for General 2,524,000 2,524,000
Aviation.......................
Commercial Space Transportation 5,840,000 5,840,000
Safety.........................
NextGen--Wake Turbulence........ 3,698,000 3,698,000
NextGen--Air Ground Integration 6,757,000 6,000,000
Human Factors..................
NextGen--Weather Technology in 1,982,000 1,982,000
the Cockpit....................
Information/Cyber Security...... 4,769,000 4,769,000
NextGen-Flight Deck Data 1,000,000 1,000,000
Exchange Requirements..........
Other:
Environment and Energy.......... 17,911,000 20,303,500
NextGen Environmental Research 27,009,000 31,464,500
Aircraft Technologies and Fuels
System Planning and Resource 8,022,000 13,022,000
Management.....................
William J. Hughes Technical 2,921,000 2,921,000
Center Laboratory Facilities...
Total......................... 170,000,000 198,000,000
------------------------------------------------------------------------
UAS research.--The agreement includes $24,035,000 for UAS
research. Of this amount: (1) $12,035,000 is directed to
support the expanded role of the UAS center of excellence (COE)
in areas of UAS research, including cybersecurity, agricultural
applications, beyond visual line of sight technology, studies
of advanced composites and other non-metallic engineering
materials not common to manned aircraft but utilized in UAS,
the STEM program, and to continue efforts with the UAS safety
research facility at the Center to study appropriate safety
standards for UAS and to develop and validate certification
standards for such systems; (2) $2,000,000 is for the Center's
role in transportation disaster preparedness and response,
partnering with institutions that have demonstrated experience
in damage assessment, collaboration with state transportation
agencies, and applied UAS field testing; and (3) $10,000,000 is
to support UAS research activities at the FAA technical center
and other FAA facilities.
Environmental sustainability.--The agreement provides
$20,303,000 for Environment and Energy, of which up to
$3,000,000 is additional funding for the FAA to analyze noise
at a national level using existing public health surveillance
datasets and to conduct field studies in the U.S. The agreement
provides $31,465,000 for NextGen Environmental Research
Aircraft Technologies and Fuels, of which up to $3,000,000 is
additional funding to support the continuous lower energy,
emissions and noise (CLEEN) program and $15,000,000 is for the
center of excellence. The agreement directs the FAA to continue
to provide resources to certify fuels for safe use in
commercial aviation and their inclusion for meeting compliance
obligations under CORSIA, and encourages utilization of the
aviation sustainability center (ASCENT) researchers to address
the entire sustainable aviation fuels supply chain to identify
and enable industry to overcome key barriers to entry such as
fuel costs.
Advanced materials/structural safety.--The agreement
includes $14,720,000 for advanced materials/structural safety,
of which: (1) $6,000,000 is to advance the use of these new
additive materials (both metallic and non-metallic based
additive processes) in the commercial aviation industry; (2)
$4,000,000 is to advance the use of fiber reinforced composite
materials in the commercial aviation industry through the FAA
Joint Advanced Materials and Structures Center of Excellence;
and (3) $2,000,000 is for the FAA to continue its work with
existing public-private partnerships that provide leading-edge
research, development, and testing of composite materials and
structures.
Community and technical college centers of excellence (COE)
in small UAS technology training program.--The FAA should
continue working with the UAS collegiate training initiative
(CTI) schools and the consortium for small unmanned aircraft
system technology training to develop additional benefits and
opportunities for engagement as both programs are developed.
The FAA should use available funds to assist designated UAS
CTIs and include any funding needs permissible under current
law for this program in future budget justifications.
GRANTS-IN-AID FOR AIRPORTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
The agreement provides an obligation limitation of
$3,350,000,000 and a liquidating cash appropriation of
$3,350,000,000, to remain available until expended. Within the
obligation limitation, the agreement provides not more than
$119,402,000 for administrative expenses, no less than
$15,000,000 for the airport cooperative research program, not
less than $40,666,000 for airport technology research, and
$10,000,000 for the small community air service development
program.
Automated weather-observing system (AWOS) equipment.--The
FAA should waive the requirement for a positive cost-benefit
ratio for AWOS equipment for airports located in a county with
a population of 50 or fewer persons per square mile based on
the most recent decennial census. Furthermore, for such
projects at public use airports that would have a material
impact on the safety of operations at that airport, the FAA
should not require the completion of a cost-benefit analysis as
long as that project is funded using non-primary entitlement
funding and no additional discretionary funding from the FAA.
Airport technology.--The agreement includes not less than
$40,666,000 for airport technology research. Of this amount,
$6,000,000 is for the airfield pavement technology program
authorized under section 744 of Public Law 115-254, of which
$3,000,000 is for concrete pavement research and $3,000,000 is
for asphalt pavement research. The agreement also includes the
budget request of $1,200,000 to support FAA's role in the urban
air mobility program. The agreement also supports the budget
request for research efforts related to the replacement of
perfluoroalkyl or polyfluoroalkyl substances and directs the
FAA to brief the House and Senate Committee on Appropriations
on the testing and development of new firefighting performance
requirements for the use of compressed air foam system
technology in aircraft rescue and firefighting.
Policy and procedure concerning the use of airport
revenue.--Given the utility of sales tax measures to address
local transportation needs and reduce the burden on Federal
spending, the Secretary is directed to continue working with
State and local governments and the FAA to develop a path
forward to allow the use of local sales tax revenues generated
on the sale of aviation fuel to be used in a manner consistent
with their enactment.
Airport improvement program (AIP) formula.--The agreement
directs the FAA to consider the full range of flight activities
(such as flight training, air cargo, emergency response, pilot
training, etc.) and associated metrics when considering AIP
discretionary grants.
Burdensome regulations.--The FAA should identify
opportunities to eliminate unnecessary regulations and
streamline burdensome regulations and identify areas where more
autonomy can be given to local jurisdictions with a better
understanding of needs and challenges in building and
maintaining infrastructure.
Boarding bridges.--The agreement continues to direct the
FAA to consult with the U.S. Trade Representative (USTR) and
the U.S. Attorney General to develop, to the extent
practicable, a list of entities that: (1) are a foreign State-
owned enterprise that is identified by the USTR in the report
required by subsection (a)(1) of section 182 of the Trade Act
of 1974 (Public Law 93-618) and subject to monitoring by the
USTR under section 306 of the Trade Act of 1974; and (2) have
been determined by a Federal court, after exhausting all
appeals, to have misappropriated intellectual property or trade
secrets from an entity organized under the laws of the United
States or any jurisdiction within the United States. The FAA
shall make such list available to the public and work with the
USTR, to the extent practicable, to utilize the system for
award management database to exclude such entities from being
eligible for Federal non-procurement awards. The FAA is
expected to notify the Committee of any significant challenges
the agency faces in completing these actions.
National plan of integrated airport systems (NPIAS).--The
agreement directs the FAA to expeditiously review requests for
entry into the NPIAS. Public-use airports that meet all
applicable criteria and which have had significant and material
investment from their local communities should be included in
the NPIAS.
GRANTS-IN-AID FOR AIRPORTS
The agreement provides $400,000,000 in new budget authority
for additional discretionary grants for airport construction
projects. The agreement directs the FAA to consult with the
House and Senate Committees on Appropriations and allow
airports to update or modify any relevant planning documents
prior to making any grant awards. The agreement continues to
direct the FAA to provide priority consideration for grant
applications that complete previously awarded discretionary
grant projects, and to provide priority consideration based on
project justification and completeness of pre-grant actions.
ADMINISTRATIVE PROVISIONS--FEDERAL AVIATION ADMINISTRATION
Section 110 allows no more than 600 technical staff-years
at the center for advanced aviation systems development.
Section 111 prohibits funds for adopting guidelines or
regulations requiring airport sponsors to provide FAA ``without
cost'' building construction or space.
Section 112 allows reimbursement for fees collected and
credited under 49 U.S.C. 45303.
Section 113 allows reimbursement of funds for providing
technical assistance to foreign aviation authorities to be
credited to the operations account.
Section 114 prohibits funds for Sunday premium pay unless
work was actually performed on a Sunday.
Section 115 prohibits funds from being used to buy store
gift cards with Government issued credit cards.
Section 116 requires the Administrator to block the
identifying information of an owner or operator's aircraft in
any flight tracking display to the public upon the request of
an owner or operator.
Section 117 prohibits funds for salaries and expenses of
more than nine political and Presidential appointees in the
FAA.
Section 118 prohibits funds to increase fees under 49
U.S.C. 44721 until the FAA provides a report to the House and
Senate Committees on Appropriations that justifies all fees
related to aeronautical navigation products and explains how
such fees are consistent with Executive Order No. 13642.
Section 119 requires the FAA to notify the House and Senate
Committees on Appropriations at least 90 days before closing a
regional operations center or reducing the services provided.
Section 119A prohibits funds from being used to change
weight restrictions or prior permission rules at Teterboro
Airport in New Jersey.
Section 119B prohibits funds from being used to withhold
from consideration and approval certain application for
participation in the contract tower program, or for certain
reevaluations of cost-share program participation.
Section 119C prohibits funds from being used to open,
close, redesignate, or reorganize a regional office, the
aeronautical center, or the technical center subject to the
normal reprogramming requirements outlined under section 405 of
this Act.
Federal Highway Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
The bill limits obligations for the administrative expenses
of the Federal Highway Administration (FHWA) to $475,649,049.
In addition, the bill provides $3,248,000 for the
administrative expenses of the Appalachian Regional Commission
(ARC).
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The bill limits obligations for the federal-aid highways
program to $46,365,092,000 in fiscal year 2021.
Advanced digital construction management.--The Secretary of
Transportation is directed to provide $10,000,000 from within
the technology and innovation deployment program for advanced
digital construction management systems, consistent with
direction and supportive language in the House report.
Materials for highway construction.--The agreement directs
the FHWA to work with the U.S. Geological Survey to ensure
information on and access to efficient and environmentally-
friendly aggregates are readily available in order to work with
stakeholders to further the use of reclaimed asphalt, concrete
materials, and virgin aggregates. The agreement also directs
the Department to continue funding projects under the
technology and innovation deployment program that use
innovative materials including composites, recycled concrete
aggregates, and sustainable materials with heightened
durability. The agreement continues to encourage the Department
to support materials with neutral decisions that do not promote
or provide preference for specific building materials.
Shoreline protections.--The agreement directs the FHWA to
complete the overdue fiscal year 2018 report on cost-effective
resiliency recommendations for states, metropolitan planning
organizations, and cities, including shoreline protections for
existing highways, within 30 days of enactment of this Act. The
agreement also directs the FHWA to provide a report to the
House and Senate Committees on Appropriations, within one year
of enactment of this Act, that details shoreline erosion
impacting roadways in Hawaii and the U.S. Territories and to
provide technical assistance to such state DOTs as they develop
their transportation budgets and priorities.
Tribal safety data.--The agreement directs the Department
to implement recommendations from FHWA reports entitled
``Tribal Government & Transportation Safety Data'' issued on
May 22, 2017, and ``Options for Improving Transportation Safety
in Tribal Areas'' issued on January 22, 2018, and any other
related updates in order to improve transportation safety in
tribal areas.
Timber bridge initiative.--The agreement continues to urge
the Department to collaborate with other Federal agencies for
deploying mass timber into highway and bridge systems, as well
as inform state and local entities of the advantages of using
these materials as they make engineering decisions for Federal-
aid projects.
Automated vehicles (AV) and pavement performance. The
agreement strongly encourages the FHWA to complete its study on
the impacts of AVs on highway infrastructure, as well as the
potential needs to be considered in the design of new
infrastructure, and to report on its results to the House and
Senate Committees on Appropriations.
Emergency route working group (ERWG).--The agreement
directs the Department to notify the House and Senate
Committees on Appropriations of the actions that the Secretary
and states have taken or intend to take to implement the ERWG's
recommendations within 120 days of enactment of this Act. As
part of this notification, the Secretary is directed to address
the recommendation to create interstate compacts in order to
increase the efficient movement of emergency response vehicles.
Buy America.--The agreement directs the FHWA to review and
respond to Buy America waiver requests within 60 days of
submission.
Categorical exclusions.--The agreement directs the FHWA to
work with stakeholders, including state DOTs, to determine how
to best minimize the bureaucratic burdens of the qualification
process for certain projects as ``categorical exclusions''.
Changeable message signs.--The agreement directs the FHWA
to submit the overdue report on changeable message signs within
30 days of enactment of this Act summarizing joint action with
NHTSA regarding coordination with state DOTs on operations for
changeable message sign flexibility and combating local
emergency priorities, including the reduction of impaired
driving. The agreement directs the agencies to work with state
DOTs in order to use such signs to support high visibility
enforcement campaigns.
Appalachian Development Highway System (ADHS).--The
agreement directs the FHWA to continue working with the ARC and
relevant state DOTs to identify segments of existing,
unfinished, and potential corridors and to discuss the
justification for expanding the current ADHS mileage cap.
Manual of uniform traffic control devices (MUTCD). The
agreement directs the FHWA to provide the House and Senate
Committees on Appropriations with a report outlining key
changes and safety implications in the forthcoming MUTCD. This
information shall also be made available to the public. The
agreement also directs FHWA to allow the use of specific
service signs for electric vehicle charging stations in the
publication of the MUTCD.
Innovative technologies.--The agreement urges the FHWA to
work with state DOTs to consider the feasibility of utilizing
or deploying innovative technologies, including moveable
barriers.
Infrastructure safety.--The agreement encourages the FHWA
to consider pilot programs that allow the testing and review of
new technologies that use nondestructive testing to locate and
quantify soil voids behind the pipe wall, as well as provide
imaging and photographic documentation of all defects,
condition, and location on to-scale pipe maps that allow for
subsequent targeted repair or replacement, as appropriate.
Collaboration with National Park Service.--The agreement
expects the collaboration between the Western Federal Lands
Highway Division and the National Park Service to address needs
related to the Pretty Rocks Landslide area of the Denali Park
Road to continue.
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
The bill provides a liquidating cash appropriation of
$47,104,092,000, which is available until expended, to pay the
outstanding obligations of the various highway programs at the
levels provided in this Act and prior Appropriations acts.
HIGHWAY INFRASTRUCTURE PROGRAMS
The bill provides $2,000,000,000 from the general fund. Of
the total amount, the bill provides $1,080,000,000 for a bridge
replacement and rehabilitation program, $640,650,000 for
surface transportation block grants and infrastructure to
support alternative fuel corridors, $100,000,000 for the ADHS,
$2,700,000 for the Puerto Rico highway program, $650,000 for
the territorial highway program, $100,000,000 for the
nationally significant federal lands and tribal projects
program, of which 25 percent shall be set-aside for projects in
tribal areas, $50,000,000 for competitive grants to improve
safety at certain highway-railway crossings, $16,000,000 for
the scenic byways program, $5,000,000 for a program to assist
local governments in developing improved infrastructure
priorities and financing strategies for projects that are
already eligible for TIFIA, and $5,000,000 for a pilot program
to improve the use of technology on the national road network.
Critical bridge infrastructure.--The agreement directs the
FHWA to proactively work with state and local stakeholders to
reduce administrative and regulatory burdens in order to
expeditiously advance bridge projects of urgent need in order
to minimize impacts on commuters, freight movement, and
disadvantaged communities.
Nationally significant federal lands and tribal projects
program.--The agreement encourages the Department to use
amounts set-aside for tribal projects to ensure potentially
overlooked high priority projects, particularly needed by
smaller tribes, be addressed by this program.
National road network pilot program.--The agreement
includes $5,000,000 for the extension of the national road
network pilot program. In addition to the direction contained
in House Report 116-452, the agreement directs the FHWA to
continue the development of unified data specification to be
made accessible to state transportation agencies and provide
interoperability across state boundaries.
Scenic byways.--The agreement directs the FHWA to make new
designations under the scenic byways program, as required by
the Reviving American Scenic Byways Act of 2019 (Public Law
116-57), prior to issuing a notice of funding opportunity for
the scenic byways program. Funding provided for this program
should be prioritized for roads in rural areas. The agreement
also directs the FHWA to study the economic benefits of scenic
byways and make the report publicly available on the FHWA
website.
ADMINISTRATIVE PROVISIONS--FEDERAL HIGHWAY ADMINISTRATION
Section 120 distributes the federal-aid highways program
obligation limitation.
Section 121 allows funds received by the Bureau of
Transportation Statistics from the sale of data products to be
credited to the federal-aid highways account.
Section 122 provides requirements for any waiver of Buy
America Act requirements.
Section 123 requires 60-day notification to the House and
Senate Committees on Appropriations for any INFRA grants
awarded under 23 U.S.C. 117, provided that such notification
shall be made no later than 180 days from the date of enactment
of this Act.
Section 124 allows State DOTs to repurpose certain highway
project funding within 25 miles of its original designation.
Section 125 requires FHWA to adjudicate Buy America
requests based on the criteria used prior to April 17, 2018.
Federal Motor Carrier Safety Administration
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFERS OF FUNDS)
The bill includes a liquidation of contract authorization
and a limitation on obligations of $328,143,124 for the
operations and programs of the Federal Motor Carrier Safety
Administration (FMCSA). Of this limitation, $9,073,000 is for
the research and technology program, and $75,477,124 is for
information management, to remain available for obligation
until September 30, 2023.
Hours of service (HOS).--In place of the study required in
House Report 116-452, the agreement directs the FMCSA to
analyze the real world effects of new HOS regulations by
comparing safety data, including but not limited to, the number
of crashes, crash type, number of fatalities categorized by
occupant type, number of serious injuries, the rate of
involvement that large-trucks have accidents, and the time of
day and on what type of roadway the accident occurred. The
agreement directs the FMCSA to compare the data above from the
years prior to the enactment of HOS regulations that were
implemented as of September 29, 2020, with the data collected
after the implementation of such regulations to determine any
correlations. The agreement directs the FMCSA to report the
results of this analysis annually in the Congressional budget
request, and to brief the House and Senate Committees on
Appropriations upon request. The agreement directs FMCSA to
post the analysis on the agency's website.
Border crossing capital improvement program (CIP).--The
FMCSA is directed to provide an annual report on the current
status of the border crossing CIP to the House and Senate
Committees on Appropriations by March 31, 2021. The report
shall include: a list of all funded and underfunded projects in
the past fiscal year; cost overruns, cost savings, and cost
projections for each active project; target dates for
projection completion; delays and schedule changes; current
challenges; and relevant safety inspection data.
Overdue AV directives.--The FMCSA is directed to submit the
overdue AV report required in the fiscal year 2018 Explanatory
Statement within 60 days of this Act. The report shall
summarize the Department's interagency collaboration with the
Department of Labor on workforce changes, trucking safety, and
labor force training needs necessary as AV technology
progresses. Additionally, the FMCSA is prohibited from
obligating the remainder of the $38,000,000 appropriated in
fiscal year 2018 for research on AVs until a formal research
plan is provided to and approved by the House and Senate
Committees on Appropriations. The Department shall consider
utilizing skilled researchers in the areas of crash worthiness
and crash avoidance technologies that are equipped with
comprehensive test facilities in developing the research
spending plan.
Information technology capital investment plan (IT CIP).--
The agreement provides $75,477,124 to fund the IT modernization
activities described in FMCSA's IT CIP, of which $40,143,124 is
from prior year funds. The agreement directs the FMCSA to
report no less than annually on the spending plans for the
amounts provided for information technology and information
management and to update the House and Senate Committees on
Appropriations about progress on modernizing legacy systems.
Clearinghouse.--The agreement encourages the FMCSA,
industry, law enforcement, and state partners to utilize the
drug and alcohol clearinghouse to improve roadway safety.
State inspector training.--The agreement directs the FMCSA
to examine different options to improve the facilitation of the
state inspector training program in order to ensure that
inspectors receive training that is relevant, current, and
accurate. The FMCSA is encouraged to consider awarding the
training contracts to a wider group of entities, including non-
profits, to expand the pool of candidates and improve the
delivery of training materials.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFERS OF FUNDS)
The bill provides a liquidating cash appropriation of
$389,800,000 and a limitation on obligations of $419,800,000
for motor carrier safety grants of which $30,000,000 shall be
for a study on the causes of large truck crashes, and shall be
available until expended.
Large truck crash study.--The agreement reemphasizes the
concerns expressed in House Report 116-452 about the
significant increase in large truck crashes since 2009 and
funds a study by FMCSA and NHTSA to analyze the causes of such
crashes. The agreement directs the FMCSA to report no less than
annually on the spending plans for the amounts provided for the
study on the causes of large truck crashes and to update the
House and Senate Committees on Appropriations about its
progress and findings of the study.
ADMINISTRATIVE PROVISIONS--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
Section 130 requires the FMCSA to send notice of 49 CFR
section 385.308 violations by certified mail, registered mail,
or some other manner of delivery which records receipt of the
notice by the persons responsible for the violations.
Section 131 requires the FMCSA to update inspection
regulations for rear underride guards as specified in GAO-19-
264.
Section 132 prohibits funds from being used to enforce the
electronic logging device rule with respect to carriers
transporting livestock or insects.
National Highway Traffic Safety Administration
OPERATIONS AND RESEARCH
The agreement provides $194,167,000 from the general fund
for operations and research. Of this amount, $40,000,000 shall
remain available until September 30, 2022.
The agreement provides not less than $30,000,000 for
rulemaking programs, up to $39,167,000 for enforcement
programs, of which not less than $15,000,000 is for the office
of defects investigation. The agreement also provides not less
than $44,000,000 for research and analysis programs and
$81,000,000 for administrative expenses.
Fuel-economy regulations.--The agreement amends direction
included in House Report 116-452 to report on modeling
assumptions for vehicle consumer trends and instead directs
NHTSA to brief the Committee before proposing any new fuel
economy standards and to include in the briefing an analysis of
the projected effects of fleet turnover.
Truck underride safety.--The agreement directs NHTSA to
implement recommendations on truck underride safety, to
complete a rulemaking to improve rear guards to meet the
Insurance Institute for Highway Safety standards, and to brief
the House and Senate Committees on Appropriations within 30
days of enactment of this Act on the agency's progress. The
agreement also directs NHTSA to continue to implement
recommendations contained in the GAO-19-264 report.
NTSB recommendations.--The agreement directs NHTSA to
address any outstanding NTSB recommendations, prioritizing
those from November 2019 and December 2020 on the testing of
autonomous vehicles on public roads.
Automated vehicles.--The agreement directs NHTSA to develop
a research program, which may include partnering with one or
more academic institutions for an experimental validation
study, on the kinetics and injury outcomes of occupants
traveling in automated vehicles with alternative seating
postures and configurations.
Crashworthiness research.--The agreement directs NHTSA to
update its countermeasures for frontal, side, rollover, front
seatbacks, and lower interior impacts for children and small
adults, as well as pedestrian crashworthiness projects,
emphasizing vehicle light-weighting in traditional and
automated vehicle structural designs and to leverage lessons
learned from lightweight materials research at DOT, the
Department of Energy, and by industry stakeholders in its
development of safety-centered approaches for future
lightweight automotive design.
Research on the accessibility of automated vehicles.--The
agreement directs NHTSA to develop goals and considerations for
future amendments to the Federal motor vehicle safety standards
related to the accessibility of automated vehicles which should
properly and thoroughly consider people with communicative,
physical, cognitive, mental, and other disabilities.
Tire-efficiency safety.--The agreement encourages NHTSA to
implement three tire-related provisions from the ``Tire,
Efficiency, Safety and Registration Act of 2015'' and directs
NHTSA to report to the House and Senate Committees on
Appropriations regarding the agency's schedule and plan for
promulgating regulations regarding tire efficiency, as directed
by Section 24331 of the FAST Act, within 120 days of enactment
of this Act.
Move over laws. The agreement directs NHTSA to consult with
the House and Senate Committees on Appropriations on its plan
to use funds provided by the Consolidated Appropriations Act of
2020 to evaluate driver behavior related to ``Move Over Laws''
using digital alerting and other technologies that will improve
first responder and road worker safety. The agreement also
encourages NHTSA to consider the feasibility of a deployment
technology demonstration project or an evaluation of alert
technology currently used in the field.
Speed limiters.--The agreement encourages DOT to report to
the House and Senate Committees on Appropriations on its
schedule and plan to fully and expeditiously address all public
comments from the August 26, 2016, NHTSA and FMCSA proposed
rule on speed limiter devices on heavy vehicles.
OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The bill provides a liquidating cash appropriation and an
obligation limitation of $155,300,000, to remain available
until expended, which reflects the authorized level of contract
authority.
Pedestrian injuries.--As NHTSA updates its data collection
methodologies for pedestrian injuries and fatalities, and
improves risk analysis and pedestrian crash prevention
strategies, the agreement encourages NHTSA to partner with one
or more academic institutions to develop modern pedestrian
crash data collection protocols.
Impaired driving detection.--The agreement notes that NHTSA
has engaged the Volpe National Transportation System Center and
issued a request for information consistent with the direction
in House Report 116-452 on advanced drunk driving prevention
systems. The agreement directs NHTSA to update the House and
Senate Committees on Appropriations on the status of the Volpe
report and the request for information within 30 days of
enactment of this Act and expects the agency to report on any
factors that may delay progress on the implementation and
integration of impaired driving technology across the
automotive industry. NHTSA is directed to continue to be fully
attentive to development of advanced technology beyond direct
alcohol detection, including driver monitoring systems that are
under development or already being offered to motorists.
Drug impairment technology.--The agreement directs NHTSA to
work with the Departments of Justice, Health and Human
Services, and Commerce to ensure that state highway safety
officers and law enforcement have the most up-to-date
information on detecting impaired driving, including available
technologies, and directs NHTSA to continue its partnership
with the National Institute of Justice to complete a report on
driver impaired technologies as required by Senate Report 115-
275. It further directs NHTSA to work with states to determine
their toxicology analysis and funding needs and to provide
states with flexibility in how they use impaired driving
countermeasures grants, including, but not limited to, grants
for gathering data on individuals in fatal car crashes for
substance impairments and testing and data analysis at state
toxicology labs.
NTSB recommendations.--The agreement expects NHTSA to work
with Federal agencies to address NTSB recommendations
including: (1) developing and disseminating to appropriate
State officials a common standard of practice for drug
toxicology testing; (2) developing and disseminating best
practices, identifying model specifications, and creating a
conforming products list for oral fluid drug screening devices;
and (3) evaluating best practices and countermeasures found to
be the most effective in reducing fatalities, injuries, and
crashes involving drug-impaired drivers and providing
additional guidance to the States on drug-impaired driving.
Child hyperthermia.--The agreement provides not less than
$3,000,000 for NHTSA to continue and expand upon policies and
programs implemented in 2019 regarding public education and
outreach efforts on child hyperthermia prevention. The
agreement directs NHTSA to engage in a two-pronged approach by
equally using funds to both advance the installation of
effective detection and technological solutions and to raise
the awareness of parents and caregivers.
Research on older drivers.--The agreement directs that the
study on research on older drivers contained in House Report
116-452 be funded out of amounts provided in this account.
Vehicles electronics and cybersecurity.--The agreement
encourages NHTSA to work with stakeholders on vehicle
electronics and cybersecurity challenges, including the
development of objective cyber risk evaluation methods that may
be applied to a motor vehicle and its associated information-
sharing eco-systems.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The bill provides a liquidating cash appropriation and an
obligation limitation of $623,017,000 for highway traffic
safety grants, to remain available until expended.
ADMINISTRATIVE PROVISIONS--NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION
Section 140 provides funding for travel and related
expenses for state management reviews and highway safety core
competency development training.
Section 141 exempts obligation authority made available in
previous public laws from the obligation limitations set for
the current year.
Section 142 provides $17,000,000 in additional highway
safety funding through the general fund, of which $10,000,000
is to support a high visibility enforcement paid-media campaign
in the area of highway-rail grade crossing safety, and
$7,000,000 is for grants, pilot program activities, and other
innovative solutions to reduce impaired-driving fatalities.
Section 143 prohibits funds from being used to enforce
certain State Maintenance of Effort requirements under 23
U.S.C. 405.
Federal Railroad Administration
SAFETY AND OPERATIONS
The bill provides $234,905,000 for safety and operations of
the FRA, of which $25,000,000 shall remain available until
expended. The agreement provides the following funding levels
for specific activities within this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Safe transportation of energy products.... $2,000,000
Automated track inspection program and 16,500,000
data analysis.
Railroad safety information system and up to $4,400,000
front end interface.
Positive train control support program.... up to $3,001,000
Confidential close call reporting system.. up to $3,000,000
Trespasser prevention..................... 2,300,000
Highway-rail grade crossing safety........ 1,325,000
------------------------------------------------------------------------
Competitive grants.--The agreement notes with appreciation
FRA's efforts in calendar year 2020 to make awards for FRA
competitive grant programs funded in fiscal years 2018, 2019,
and 2020. The agreement does not include direction included in
House Report 116-452 to complete notice of funding
opportunities (NOFOs) for fiscal year 2021 for the federal-
state partnership for state of good repair and consolidated
rail infrastructure and safety improvements (CRISI) grant
programs by specific dates. Instead, the agreement directs FRA
to administer and manage all FRA competitive grant programs
funded by this Act in a timely and responsible manner. Further,
the agreement directs FRA to provide quarterly reports to the
House and Senate Committees on Appropriations on the status of
grant agreements and obligations for all awards for fiscal
years 2017, 2018, 2019, and 2020 for the federal-state
partnership for state of good repair and CRISI grant programs.
Positive train control (PTC).--The agreement directs FRA to
continue to work with railroads on PTC testing and
interoperability, provide technical assistance, expedite its
review of safety technology solutions, and take enforcement
actions, as necessary, in order to ensure that all railroads
fully implement PTC and achieve interoperability by the
statutory deadline of December 31, 2020. FRA is directed to
continue to brief to the House and Senate Committees on
Appropriations on progress by railroads to implement PTC on a
regular basis until December 31, 2020, and as needed
thereafter, and to report on railroads that are at risk of not
meeting the PTC deadline prior to December 31, 2020.
Blocked railroad crossings.--The agreement directs FRA to
follow the direction included in House Report 116-452 relating
to the website for the public and law enforcement to report
blocked highway-rail grade crossings. The agreement encourages
FRA to include on this website the 24/7 emergency phone number
for each railroad and the crossing identification number
located near highway-rail grade crossings in order to help the
public report blocked crossings incidents to relevant railroads
who can identify short- and long-term solutions to address
blocked crossings.
Track inspection pilots.--The agreement directs FRA to
provide a report to the House and Senate Committees on
Appropriations within 90 days of enactment of this Act
describing all industry-led automatic track geometry
measurement system technology test programs and how FRA is
evaluating and validating the performance of each technology
system. FRA is further directed to report on FRA's process for
soliciting, evaluating, and addressing all public comments in
response to test program petitions prior to approving each test
program. As FRA evaluates these technology systems for any type
of broader deployment, FRA is expected to evaluate the
calibration requirements, operation standards, and maintenance
recommendations for each test program for an acceptable level
of performance, as well as FRA's process for verifying,
validating, and certifying such systems.
RAILROAD RESEARCH AND DEVELOPMENT
The bill provides $41,000,000 for railroad research and
development, to remain available until expended.
Energy products research.--The agreement provides
$2,500,000 to research and mitigate risks associated with the
transportation of crude oil, ethanol, liquefied natural gas
(LNG), and other hazardous materials, including tank car
research in partnership with other Federal agencies, and for
high-horsepower natural gas engine research, development, and
deployment opportunities in rail applications. FRA is directed
to continue to undertake comprehensive efforts in collaboration
with the Pipeline and Hazardous Materials Safety Administration
(PHMSA) to identify and address gaps in research relating to
the transportation of LNG in rail tank cars which should inform
rulemaking.
Short-line safety.--The agreement provides $2,500,000 to
continue to improve safety practices and training for Class II
and Class III freight railroads, including efforts to improve
the safe transportation of crude oil, other hazardous
materials, freight, and passenger rail. The agreement
encourages future case studies of safety culture assessments to
examine railroad safety culture improvement barriers and the
relationship between the assessment process and changes
observed at railroads.
Research partnerships with universities.--The agreement
provides up to $5,000,000 for partnerships with qualified
universities on research related to improving the safety,
capacity, and efficiency of rail infrastructure, including
$1,000,000 for research on intelligent railroad systems.
Research conducted in conjunction with FRA at universities
should also be structured to facilitate the education and
training of the next generation of professionals in rail
engineering and transportation.
Passenger rail in rural states.--The agreement directs the
Department to examine the potential for new intercity or
commuter passenger rail service connecting urban and suburban
areas in the Northeast and the Midwest. The study should be
conducted by a non-partisan, nonprofit, independent policy
research organization; explore the costs of new infrastructure
investment; and consider the unique challenges of providing
passenger rail service over short line railroads.
Safety technologies.--The agreement urges FRA to invest in
electronic safety systems, as well as the development of
technologies designed to verify the functional performance of
these systems, and to work with industry to develop
standardized performance specifications, test and verification
processes, and maintenance and diagnostics tools for such
systems.
FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR
The bill provides $200,000,000 for grants authorized by
section 24911 of title 49, United States Code, to remain
available until expended.
CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $375,000,000 for grants authorized by
section 22907 of title 49, United States Code, to remain
available until expended. Of this amount, not less than
$75,000,000 is for projects eligible under section 22907(c)(2)
of title 49, United States Code, that support the development
of new intercity passenger rail service routes including
alignments for existing routes and not less than $25,000,000 is
for capital projects and engineering solutions targeting
trespassing. Of the total amount, 25 percent shall be available
for projects in rural areas.
Use of CRISI funds.--The agreement directs FRA to continue
to provide technical assistance to and prioritize CRISI funding
for commuter railroads most at risk of not meeting the PTC
deadline of December 31, 2020. Maintenance and operations costs
incurred after a PTC system is placed in revenue service are
not eligible for CRISI funding; however, the agreement
encourages the Secretary to allow CRISI to be used for eligible
non-construction expenses, such as the installation of onboard
locomotive apparatuses, back office server technology, and
other core functionalities of PTC. FRA should continue to
consider CRISI planning grants that re-evaluate infrastructure
capacity and scheduling to accommodate the restoration of
passenger service.
Quiet zones.--When evaluating applications for CRISI
funding, the Secretary shall give consideration to proposals
that would mitigate crossing safety concerns on high volume
tracks in populated areas and reduce the negative impacts on
the community through the implementation of a quiet zone.
Federal cost-share.--The agreement notes that in evaluating
applications for CRISI funding, the Secretary may give
consideration to projects requesting a Federal cost-share of up
to 80 percent, and urges the Secretary to do so for projects
that address capacity concerns at intermodal facilities that
will serve manufacturing and distribution facilities to foster
intermodal connections.
MAGNETIC LEVITATION TECHNOLOGY DEPLOYMENT PROGRAM
The bill provides $2,000,000 for the deployment of magnetic
levitation transportation projects, to remain available until
expended.
RESTORATION AND ENHANCEMENT
The bill provides $4,720,000 for restoration and
enhancement grants authorized by section 24408 of title 49,
United States Code, to remain available until expended.
THE NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)
The agreement provides a total of $2,000,000,000 for
Amtrak. The agreement directs FRA to make a timely disbursement
of funds to maximize Amtrak's ability to efficiently manage its
cash flow. FRA is further directed to release adequate funding
in the first quarter of the fiscal year in order to allow
Amtrak to efficiently manage its financial obligations in a
timely manner.
Amtrak station agents.--The agreement directs Amtrak to
provide a station agent in each Amtrak station that had a
ticket agent position eliminated in fiscal year 2018. Amtrak is
directed to improve communication and collaboration with local
partners and take into consideration the unique needs of each
community, including impacts to local jobs, when making
decisions related to the staffing of Amtrak stations.
Amtrak police department (APD).--The agreement directs
Amtrak to work expeditiously to fill APD uniformed officer
positions and to prioritize the backfill of APD uniformed
officer positions in regions that may experience a reduction in
staff through attrition in order to maintain sufficient
staffing levels across regions. Amtrak is directed to report
quarterly to the House and Senate Committees on Appropriations
on the total number of uniformed officers by division and on
Amtrak's hiring efforts. Further, Amtrak is expected to use the
$5,000,000 provided in fiscal year 2020 for radios, repeaters,
and related technology to improve communications and
interoperability for all APD officers.
Charter trains and private cars.--The agreement directs
Amtrak to continually review and evaluate the locations and
trains that may be eligible for private car moves, update the
guidelines for private cars on Amtrak if additional locations
or trains meet Amtrak's criteria, and notify private car owners
of these changes. Amtrak is further directed to continue to
brief the House and Senate Committees on Appropriations on the
effects of the guidelines on private cars and charter trains
and how Amtrak can achieve its goals without negatively
impacting private car and charter train operations. The
agreement directs Amtrak to include in its fiscal year 2022
budget justification an updated report on private car and
charter train policies and how such policies impact charter
trains and private cars, including the amounts and percentages
by which revenues and usage declined and separate figures for
charter trains run with Amtrak-owned and privately-owned cars.
Amfleet replacement.--The bill provides $100,000,000 to
support the acquisition of new single-level passenger equipment
in proportion to the use of this equipment for Amtrak's
northeast corridor (NEC), state-supported, and long-distance
services. FRA is directed to allow state acquisition costs and
on-going capital charges related to Amtrak's new fleet to be an
eligible activity in any future NOFOs for the CRISI and
federal-state partnership for state of good repair grant
programs by utilizing flexibilities provided in 2 CFR
200.308(d)(l). Amtrak is expected to report to the House and
Senate Committees on Appropriations on its progress to find a
solution toward a shared fleet replacement cost model.
Budget and business plan.--The agreement directs Amtrak to
submit a business plan in accordance with section 11203(b) of
P.L. 114-94 for fiscal year 2021.
Food and beverage.--The agreement notes that some have
raised concerns with changes Amtrak initiated and implemented
to food and beverage services on board Amtrak trains. Amtrak is
reminded that the Continuing Appropriations Act, 2021 and Other
Extensions Act (P.L. 116-159) removed the prohibition on the
use of Federal funds to cover any operating loss associated
with providing food and beverage service on Amtrak routes. The
agreement directs Amtrak to periodically update the House and
Senate Committees on Appropriations on the food and beverage
offerings, new initiatives, operating loss, and workforce
impacts, as appropriate.
U.S. services.--The agreement directs Amtrak to take the
necessary affirmative steps to ensure that contracts for
customer service, professional and IT services, including
subsidiary services, shall be performed within the U.S. to the
extent practicable. Amtrak is further directed to report to the
House and Senate Committees on Appropriations within 90 days of
enactment of this Act on its processes and procedures to
prevent or limit the offshoring of Amtrak services contracts.
NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
The bill provides $700,000,000, to remain available until
expended, for the Secretary to make grants for activities
associated with the NEC, defined as the main line between
Boston, Massachusetts, and the District of Columbia, and the
facilities and services used to operate and maintain the NEC
line.
NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
The bill provides $1,300,000,000, to remain available until
expended, for the Secretary to make grants for activities
associated with the national network. National network grants
provide operating and capital funding for Amtrak's long-
distance and state-supported routes, long-distance routes that
operate on the NEC, and other non-NEC activities. Of this
amount, at least $50,000,000 shall be for installation of
safety technology on certain state-supported routes.
ADMINISTRATIVE PROVISIONS--FEDERAL RAILROAD ADMINISTRATION
(INCLUDING RESCISSIONS)
Section 150 limits overtime to $35,000 per Amtrak employee
and allows Amtrak's president to waive this restriction for
specific employees for safety or operational efficiency
reasons. Amtrak's president is required to submit a report to
the House and Senate Committees on Appropriations no later than
60 days after enactment of this Act summarizing all overtime
payments incurred by Amtrak for calendar year 2020 and the
three prior calendar years. This summary shall include the
total number of employees receiving waivers and the total
overtime payments paid to employees receiving waivers for each
month of calendar year 2020 and the three prior calendar years.
Section 151 prohibits the use of funds made available to
Amtrak to reduce the total number of Amtrak police department
uniformed officers patrolling on board passenger trains or at
stations, facilities or rights-of-way below the staffing level
on May 1, 2019.
Section 152 prohibits the use of funds made available by
this Act by Amtrak in contravention of the Worker Adjustment
and Retraining Notification Act.
Section 153 provides that unobligated balances remaining
for the CRISI grant program 6 years after the date of enactment
of P.L. 116-6 and 6 years after the date of enactment of P.L.
116-94 may be used for any eligible project under section
22907(c) of title 49, United States Code.
Section 154 rescinds certain unobligated balances.
Section 155 expresses the sense of Congress that long-
distance passenger rail routes and services should be sustained
to ensure connectivity throughout the national network.
Federal Transit Administration
ADMINISTRATIVE EXPENSES
The bill provides $121,052,000 for the administrative
expenses of the FTA, which shall remain available until
September 30, 2022, and up to $1,000,000 shall be available for
administrative expenses related to transit asset management.
Project management oversight (PMO) activities.--The
agreement directs the FTA to continue to submit quarterly PMO
reports for each project with a full funding grant agreement to
the House and Senate Committees on Appropriations.
Coordinating council on access and mobility (CCAM).--The
agreement directs the FTA to complete the CCAM report required
in fiscal year 2020 and to brief the House and Senate
Committees on Appropriations within 30 days of the completion
of such report.
Office of regional services.--The Committee supports the
FTA's request to create a new Office of Regional Services at
headquarters to oversee all regional field operations,
consistent with the reprogramming request submitted by the
Secretary to the House and Senate Committees on Appropriations
on August 18, 2020.
Pregnant transit riders.--The agreement requires the FTA to
complete an analysis of the challenges faced by and the
accessibility of public transit for pregnant women within 1
year of enactment of this Act and to post the analysis on the
FTA's website.
TRANSIT FORMULA GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The bill limits obligations from the mass transit account
for transit formula grants to $10,150,348,462 as authorized by
the FAST Act and provides $10,800,000,000 for the liquidation
of contract authority.
Coronavirus pandemic.--The agreement does not include
direction included in House Report 116-452.
Transit-oriented development (TOD).--The agreement directs
that not less than $10,000,000 be made available for the FTA's
pilot program for TOD as authorized under Section 20005(b) of
MAP-21 (Public Law 112-141).
Innovative procurement.--The agreement directs the FTA to
continue to permit procurement partnerships for the fiscal year
2021 grant awards for the low or no emissions bus program in
the same manner as in previous fiscal years. The agreement also
encourages the FTA to promote greater use of the innovative
procurement authorities for technologically advanced buses that
were established by section 3019 of the FAST Act (Public Law
11494), including separate battery lease agreements. The FTA
should provide technical assistance to states regarding the
development of state purchasing schedules that are consistent
with Federal law; take steps to ensure that the FTA funds used
by transit agencies off of state schedules from other states
comply with Federal requirements; and use webinars and
stakeholder events to make transit agencies more aware that
they may purchase off of state schedules regardless of
location.
Small and rural transit agencies.--The agreement directs
the FTA to award grants at levels that are adequate for transit
agencies to initiate their projects.
Low and no emission buses.--The agreement directs the FTA
to implement 49 U.S.C. 5339(c) in a manner that encourages a
variety of different fuel types, and consider procurements that
reduce an agency's overall greenhouse gas emissions.
TRANSIT INFRASTRUCTURE GRANTS
The bill provides an additional $516,220,000 in transit
infrastructure grants to remain available until expended. Of
the funds provided, $243,000,000 is available for grants for
buses and bus facilities authorized under 49 U.S.C. 5339, of
which $118,000,000 is provided for formula grants and
$125,000,000 is provided for competitive grants; $125,000,000
is available for low or no emission grants authorized under 49
U.S.C. 5339(c); $40,000,000 is available for formula grants for
rural areas authorized under 49 U.S.C. 5311; $40,000,000 is
available for high density State apportionments authorized
under 49 U.S.C. 5340(d); $40,000,000 is available for state of
good repair grants authorized under 49 U.S.C. 5337; $8,000,000
is available for the passenger ferry grant program authorized
under 49 U.S.C. 5307(h), of which $4,000,000 is available only
for low or zero-emission ferries or ferries using electric
battery or fuel cell components or the infrastructure to
support such ferries; $2,000,000 is available for bus testing
facilities authorized under 49 U.S.C. 5318; $1,000,000 is
available for an innovative mobility demonstration pilot
program; $1,000,000 is available for the accelerating
innovative mobility program; and $16,220,000 is available for
areas of persistent poverty. The bill provides funding from the
general fund, and the funding is not subject to any limitation
on obligations.
Transit vehicle innovation deployment centers (TVIDC).--In
addition to the direction contained in House Report 116-452,
within 30 days of enactment of this Act, the agreement directs
the FTA to publicly release the June 26, 2020, report produced
by the TVIDC advisory panel and to work with the panel to
ensure clear Federal and industry direction with respect to the
roles of grantees. The agreement also directs the FTA to
partner with experienced research consortia to research best
practices for increasing deployment of low-emissions public
transportation in non-attainment areas.
TECHNICAL ASSISTANCE AND TRAINING
The bill provides $7,500,000 for technical assistance and
training activities under 49 U.S.C. 5314. The funding provided
under this heading is supplemental to the funding provided
under the heading ``Transit Formula Grants,'' as authorized by
the FAST Act.
Cooperative agreements.--The agreement directs that not
less than $2,500,000 shall be for a cooperative agreement
consistent with the direction in House Report 116-452 and not
less than $1,500,000 shall be for a cooperative agreement for a
technical assistance center to assist small urban, rural, and
tribal public transit recipients and planning organizations
with applied innovation and capacity building.
CAPITAL INVESTMENT GRANTS
The bill provides $2,014,000,000 for fixed-guideway
projects, to remain available until September 30, 2024, and
directs the Secretary to administer the Capital Investment
Grants (CIG) program and move projects through the program to
construction in accordance with the requirements of 49 U.S.C.
5309 and section 3005 (b) of the FAST Act. Of the funds
provided,$1,169,000,000 is available for new starts projects,
$525,000,000 is available for core capacity projects,
$200,000,000 is available for small starts projects, and
$100,000,000 is available for the expedited project delivery
pilot program. The bill also includes language to clarify that
project sponsors may be concurrently eligible for both the new
starts and expedited project delivery programs.
Administrative expenses.--Consistent with 49 U.S.C. 5339,
the agreement expects that the FTA will use one percent of the
amounts provided, $20,000,000, for administrative expenses.
Programmatic guidance.--The agreement directs the Secretary
to provide notice to the House and Senate Committees on
Appropriations not less than 30 days prior to altering or
rescinding any rule, circular, or guidance relating to the
evaluation, rating and approval process pursuant to 49 U.S.C.
5339.
Program implementation.--The agreement directs the FTA to
continue to work with Congress to implement a program that
streamlines procurements by combining multiple projects and
directs the Department to implement the May 2018 GAO
recommendations within 60 days of the date of enactment of this
Act.
Expedited project delivery program.--The agreement directs
the FTA to implement the expedited project delivery program and
to report to the House and Senate Committees on Appropriations
on the selection process, the status of issuance of funding
opportunities, and future funding needs within 180 days of
enactment of this Act.
Coronavirus pandemic.--The agreement does not include
direction contained in House Report 116-452 under this section.
Addressing urban transportation challenges.--The FTA is
directed to leverage research conducted by minority serving
institutions located in urbanized areas and that partner with
local metropolitan planning organizations.
GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
The bill provides $150,000,000 to carry out section 601 of
division B of Public Law 110- 432, to remain available until
expended.
Wireless infrastructure.--The agreement directs WMATA to
incorporate the installation of wireless infrastructure into
closures and regularly scheduled maintenance, where feasible.
ADMINISTRATIVE PROVISIONS--FEDERAL TRANSIT ADMINISTRATION
(INCLUDING RESCISSIONS)
Section 160 exempts previously made transit obligations
from limitations on obligations.
Section 161 allows funds provided in this Act that remain
unobligated by September 30, 2024, for fixed guideway capital
investment projects to be available for projects to use the
funds for the purposes for which they were originally provided.
Section 162 allows for the transfer of appropriations made
prior to October 1, 2020, from older accounts to be merged into
new accounts with similar current activities.
Section 163 prohibits the use of funds to adjust
apportionments pursuant to 26 U.S.C. 9503(e)(4).
Section 164 permits recipients of low or no emission bus
grants to continue to partner with non-profits and companies as
part of their grant applications.
Section 165 prohibits the use of funds to impede or hinder
project advancement or approval for any project seeking a
Federal contribution from the CIG program of greater than 40
percent of project costs.
Section 166 prohibits the use of funds by the Department of
Transportation to implement policies that require a project to
receive a medium or higher project rating within the CIG
program before taking action to finalize and environmental
impact statement.
Section 167 rescinds unobligated amounts made available in
prior fiscal years from the formula grants account.
Section 168 rescinds unobligated amounts made available in
prior fiscal years from the job access and reverse commute
account.
Section 169 rescinds unobligated amounts made available in
prior fiscal years from the research, training, and human
resources account.
Section 169A permits the use of unexpended balances
appropriated for low or no emission component assessment under
49 U.S.C. 5312 (h) to be used for specified capital activities.
Saint Lawrence Seaway Development Corporation
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
The bill provides $38,000,000 for the operations,
maintenance, and capital infrastructure activities of the Saint
Lawrence Seaway Development Corporation (SLSDC). Of that
amount, not less than $14,500,000 is provided for the seaway
infrastructure program. The agreement provides $2,000,000 for
trade and economic development activities at the SLSDC, to be
carried out in conjunction with system stakeholders.
Seaway infrastructure program. The agreement supports the
budget request to realign projects strategically from the
former asset renewal program to a separate seaway
infrastructure account that assesses capital projects on a 5-
year planning cycle. The SLSDC is directed to submit an annual
report to the House and Senate Committees on Appropriations,
not later than March 31, 2021, summarizing the activities of
the seaway infrastructure program during the immediate
preceding fiscal year and overall 5-year plan.
Seaway vessel traffic flow management system. The agreement
supports the development of the seaway vessel traffic flow
management system and the SLSDC's efforts to continue to make
progress on this multi-phased project through the seaway
infrastructure program. The SLSDC is directed to ensure this
project clearly defines stakeholder requirements, performs
engineering and human factors analyses, and prepares the
necessary system design documents that are required for system
development efforts.
Maritime Administration
MARITIME SECURITY PROGRAM
The bill provides $314,007,780 for the maritime security
program, to remain available until expended, of which $7,780
shall be from unobligated balances from prior year
appropriations.
CABLE SECURITY FLEET
The bill provides $10,000,000 for the cable security fleet
program, to remain available until expended.
OPERATIONS AND TRAINING
(INCLUDING TRANSFER OF FUNDS)
The bill provides $155,616,000 for the Maritime
Administration's (MARAD) operations and training account. The
agreement approves the proposed non-budgetary organizational
realignment for two new offices the Office of Policy and
Strategic Engagement and the Office for Maritime Industry
Support. The agreement does not approve the transfer of any
personnel or activities for the administration of Title XI
maritime guaranteed loan program. The agreement provides the
following funding levels for specific activities within this
account:
------------------------------------------------------------------------
------------------------------------------------------------------------
USMMA operations........................................ $80,000,000
USMMA facilities maintenance and repair, equipment...... 5,944,000
Maritime environmental and technical assistance program. 3,000,000
Short sea transportation program (America's marine 10,819,000
highways)..............................................
MARAD headquarters operations........................... 55,853,000
------------------------------------------------------------------------
United States Merchant Marine Academy (USMMA) capital
improvements plan (CIP).--The agreement directs the
Administrator to continue to provide an annual report by March
31, 2021, on the current status of the CIP in the same manner
and context as previous fiscal years.
Secure composite shipping containers.--The agreement
encourages MARAD to collaborate with the Federal Maritime
Commission (FMC), the Department of Defense, and the DHS to
support the transition of secure composite shipping containers
into wider use, and directs MARAD to use the existing short sea
transportation grant program to promote and provide funding for
such containers, if eligible.
STATE MARITIME ACADEMY OPERATIONS
The bill provides $432,700,000 for state maritime academy
(SMA) operations. The agreement provides the following funding
levels for specific activities within this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Schoolship maintenance and repair....................... $30,500,000
Training vessel sharing............................... [8,500,000]
National security multi-mission vessel program.......... 390,000,000
Student incentive program............................... 2,400,000
Fuel assistance payments................................ 3,800,000
Direct payments for SMAs................................ 6,000,000
------------------------------------------------------------------------
National security multi-mission vessel (NSMV).--The
agreement directs MARAD to conduct vigorous oversight of the
vessel construction manager, as well as the shipyard, to ensure
the NSMVs are delivered on budget and on time. MARAD is
directed to provide briefings to the House and Senate
Committees on Appropriations on the status of the NSMV program
on a quarterly basis, and to provide immediate notification of
any substantial risks to the construction schedule or cost.
MARAD should enter into contract options for all vessels as
soon as possible upon the appropriation of funds by Congress in
order to achieve maximum cost savings.
Insurance.--The agreement supports the additional cost of
protection and indemnity insurance for state maritime academy
training vessels, which are owned by the Federal government,
under the schoolship maintenance and repair set aside.
ASSISTANCE TO SMALL SHIPYARDS
The bill provides $20,000,000 for the small shipyard grant
program, to remain available until expended.
SHIP DISPOSAL
The bill provides $4,200,000 for the ship disposal program,
to remain available until expended.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The bill provides $3,000,000 for administrative expenses of
the Title XI program and directs these funds to be transferred
to MARAD's operations and training account.
PORT INFRASTRUCTURE DEVELOPMENT PROGRAM
The bill provides $230,000,000 for the port infrastructure
development program, to remain available until expended.
ADMINISTRATIVE PROVISIONS--MARITIME ADMINISTRATION
Section 170 authorizes MARAD to furnish utilities and
services and to make necessary repairs in connection with any
lease, contract, or occupancy involving government property
under control of MARAD and allows payments received to be
credited to the Treasury and to remain available until
expended.
Pipeline and Hazardous Materials Safety Administration
OPERATIONAL EXPENSES
The bill provides $28,715,000 for the necessary operational
expenses of the PHMSA, of which $4,500,000 shall remain
available until September 30, 2023. The agreement specifies
that $1,500,000 shall be for pipeline safety information grants
to communities and up to $3,000,000 shall be for emergency
response grants authorized under 49 U.S.C. 60125(b).
Pipeline safety rulemaking.--The agreement notes with
disappointment that PHMSA has not issued a final rule on
automatic and remote-controlled shut-off valves and hazardous
liquid pipeline facilities leak detection systems and is
expected to miss the December 20, 2020 deadline established in
P.L. 116-94. The agreement directs PHMSA to issue a final rule
on this matter no later than 180 days after enactment of this
Act.
Emergency response grants.--The agreement directs PHMSA to
consider expanding emergency response grants to rural
communities, to the extent permissible under law, and to work
with relevant authorizing committees to consider expanding
grant eligibility to non-profit organizations providing
emergency response training and to areas outside of high
consequence areas.
Aboveground storage tanks.--The agreement directs PHMSA to
conduct a review of current and new corrosion control
techniques that may be used to improve leak prevention of
regulated aboveground storage tanks. PHMSA is directed to
submit a report within 1 year of enactment of this Act to the
House and Senate Committees on Appropriations, the House
Committee on Transportation and Infrastructure, and the Senate
Committee on Commerce, Science and Transportation detailing the
findings on supplementary or alternative techniques to cathodic
protection systems and the application of such techniques to
aboveground storage tanks.
HAZARDOUS MATERIALS SAFETY
The bill provides $62,000,000 for PHMSA's hazardous
materials safety functions, of which $14,000,000 shall remain
available until September 30, 2023. Funds made available until
September 30, 2023, are for long-term research and development
contracts, grants, and, in more limited scope, contract safety
programs.
The agreement provides $1,000,000 for the community safety
grant program. The agreement provides up to $2,500,000 for a
state program for hazardous materials safety inspection and
enforcement training to support training state inspectors,
reimbursing shipper inspection costs, and developing a
certification for state hazardous materials packaging and
shipping inspection programs.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)
The bill provides $168,000,000 for PHMSA's pipeline safety
program, to remain available until September 30, 2023. Of that
amount, $23,000,000 is derived from the oil spill liability
trust fund, $137,000,000 is derived from the pipeline safety
fund, and $8,000,000 is derived from fees collected under 49
U.S.C. 60302 and deposited in the underground natural gas
storage facility safety account.
The agreement provides the following levels for specific
activities within this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Research and development................................ $12,000,000
State pipeline safety grants............................ 58,000,000
Underground natural gas storage facilities safety grants 6,000,000
One-Call state grants................................... 1,058,000
State damage prevention grants.......................... 1,500,000
------------------------------------------------------------------------
The agreement provides that not less than $2,000,000 of the
funds provided for research and development shall be used for
the pipeline safety research competitive academic agreement
program to focus on near-term solutions in order to improve the
safety and reliability of the nation's pipeline transportation
system.
Interstate pipeline safety.--The agreement encourages PHMSA
to work with state and Federal regulators and industry
stakeholders to improve information sharing between entities
during investigations into natural gas pipeline emergency
incidents and supply disruptions, and to increase system-wide
risk analyses in order to enhance emergency responses and the
reliability of interstate pipeline systems.
Research, development, and testing facilities.--The
agreement notes with concern PHMSA's recent actions to move
forward with the planning and development of a research and
development facility at the transportation technology center,
and its change to the identification and selection of research
projects, which was not included in its most recent annual
modal research plan or biennial plan and executed without the
appropriate level of budget request detail and notification. As
such, the agreement directs PHMSA to submit an updated research
plan to the House and Senate Committees on Appropriations, and
as part of this plan PHMSA shall: conduct an assessment of the
causes of pipeline failure and pipeline safety risks; identify
specific short-term and long-term research and development
objectives that address pipeline safety risks and
vulnerabilities; identify specific research activities and how
they relate to DOT research goals, agency objectives, and
research programs; define the roles and responsibilities of
PHMSA, industry, academia and other Federal partners in
advancing technological solutions that improve the overall
safety and integrity of the nation's pipeline system through
the execution of the proposed research and development
activities; report on the implementation and execution of the
prior year proposed annual research activities compared to the
annual research plan and how such activities were co-funded
with industry and/or academia consistent with subparagraph (b)
of section 22 of Public Law 114-183.
EMERGENCY PREPAREDNESS GRANTS
(LIMITATION ON OBLIGATIONS)
(EMERGENCY PREPAREDNESS FUND)
The bill provides an obligation limitation of $28,318,000
for emergency preparedness grants, to remain available until
September 30, 2023.
Energy products training.--The agreement directs PHMSA to
continue to enhance its training curriculum for local emergency
responders, including response activities for crude oil,
ethanol, and other flammable liquids transported by rail,
loading and unloading at LNG facilities, and the transportation
of LNG in rail tank cars.
The agreement encourages PHMSA to train public sector
emergency response personnel in communities on or near rail
lines that transport high volumes of hazardous materials.
Assistance for local emergency response training (ALERT)
grants.--The agreement continues to provide PHMSA the authority
to use prior year carryover and recaptures for the development
of web-based, off-the-shelf training materials that can be used
by emergency responders across the country. In addition,
section 180 of this Act provides $1,000,000 from the general
fund for ALERT grants. The agreement urges PHMSA to prioritize
ALERT grants for training in rural areas.
ADMINISTRATIVE PROVISIONS--PIPELINE AND HAZARDOUS MATERIALS SAFETY
ADMINISTRATION
Section 180 provides $1,000,000, to remain available until
September 30, 2023, from the general fund for ALERT grants.
Office of Inspector General
SALARIES AND EXPENSES
The bill provides $98,150,000 for the salaries and expenses
of the Office of Inspector General.
General Provisions--Department of Transportation
Section 190 provides authorization for the DOT to maintain
and operate aircraft, hire passenger motor vehicles and
aircraft, purchase liability insurance, pay for uniforms, and
purchase and operate unmanned aircraft systems.
Section 191 limits appropriations for services authorized
by 5 U.S.C. 3109 up to the rate permitted for an executive
level IV.
Section 192 prohibits recipients of funds in this Act from
disseminating personal information obtained by state DMVs in
connection to motor vehicle records with an exception.
Section 193 prohibits funds in this Act for salaries and
expenses of more than 125 political and presidential appointees
in the Department of Transportation.
Section 194 stipulates that revenue collected by FHWA and
FRA from states, counties, municipalities, other public
authorities, and private sources for training may be credited
to specific accounts within the agencies with an exception for
state rail safety inspectors participating in training.
Section 195 prohibits DOT from using funds to make a loan,
loan guarantee, line of credit, letter of intent, Federally
funded cooperative agreement, full funding grant agreement, or
discretionary grant unless DOT gives a 3-day advance notice to
the House and Senate Committees on Appropriations. The
provision requires DOT to provide a comprehensive list of all
such loans, loan guarantees, lines of credit, letters of
intent, Federally funded cooperative agreements, full funding
grant agreements, and discretionary grants that will be
announced with a 3-day advance notice to the House and Senate
Committees on Appropriations. The provision also requires
concurrent notice of any ``quick release'' of funds from FHWA's
emergency relief program, and prohibits notifications from
involving funds not available for obligation.
Section 196 allows funds received from rebates, refunds,
and similar sources to be credited to appropriations of DOT.
Section 197 allows amounts from improper payments to a
third party contractor that are lawfully recovered by DOT to be
made available until expended to cover expenses incurred in the
recovery of such payments.
Section 198 requires reprogramming actions to be approved
or denied by the House and Senate Committees on Appropriations,
and reprogramming notifications shall be transmitted solely to
the Appropriations Committees.
Section 199 allows funds appropriated to operating
administrations to be obligated for the Office of the Secretary
for costs related to assessments only when such funds provide a
direct benefit to the operating administrations.
Section 199A authorizes the Secretary to carry out a
program that establishes uniform standards for developing and
supporting agency transit pass and transit benefits, including
distribution of transit benefits.
Section 199B allows the use of funds to assist a contract
utilizing geographic, economic, or other hiring preference not
otherwise authorized by law, only if certain requirements are
met related to availability of local labor, displacement of
existing employees, and delays in transportation plans.
Section 199C directs the Secretary of Transportation to
work with the Secretary of Homeland Security to ensure that
best practices for industrial control systems procurement are
up to date and that systems procured with funds provided under
this title were procured using such practices.
Section 199D prohibits funds made available by this Act to
DOT from being used in contravention of 54 U.S.C. 306108.
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
Appropriations attorneys.--The agreement funds
appropriations attorneys in the Office of the Chief Financial
Officer (OCFO) and directs the Department to refer all
appropriations law issues to such attorneys within the OCFO.
Organizational charts and staffing realignments.--The
agreement directs HUD to submit, in consultation with the House
and Senate Committees on Appropriations, current and accurate
organizational charts for each office within the Department as
part of the fiscal year 2022 congressional justifications. HUD
is further directed to submit any staff realignments or
restructuring to the House and Senate Committees on
Appropriations, consistent with section 405 of this Act.
GAO priority recommendations.--The agreement directs HUD,
within 30 days of enactment of this Act, to report to the House
and Senate Committees on Appropriations on the steps it has
taken in fiscal year 2020 to implement 17 outstanding priority
recommendations made by GAO and additional actions the
Department will undertake in fiscal year 2021 to implement
these recommendations, and report on its implementation
progress within 180 days of enactment of this Act.
EXECUTIVE OFFICES
The agreement includes $17,292,000 for the salaries and
expenses for executive offices, available until September 30,
2022, and directs the Secretary to outline in the Department's
fiscal year 2021 operating plan how budgetary resources will be
allocated among the Offices of the Secretary, Deputy Secretary,
Adjudicatory Services, Congressional and Intergovernmental
Relations (CIR), Public Affairs, Small and Disadvantaged
Business Utilization, and the Center for Faith-Based and
Neighborhood Partnerships. The agreement includes funding for
the transfer of the Executive Secretariat Division from the
Office of Administration to the Office of the Secretary, as
proposed in the budget request, but does not provide any
funding to increase the staffing level of CIR, and prohibits
the realignment of the Appropriations Liaison Division from the
OCFO to CIR.
The agreement directs the Department to submit all reports
required by House Report 114-129 within 180 days of enactment
of this Act, but does not reduce the appropriation for the
Office of the Secretary after such date.
The agreement directs the Secretary to form an executive
task force to address the top management challenges identified
by the Office of Inspector General (OIG) within 60 days of
enactment of this Act and submit a report to the House and
Senate Committees on Appropriations not later than 180 days
after the date of enactment of this Act on a strategy and
action items to address these challenges.
In lieu of direction in House Report 116-452 on affordable
housing organization accreditation under this heading, the
agreement includes direction in the public housing fund on
public housing agency (PHA) accreditation.
ADMINISTRATIVE SUPPORT OFFICES
The agreement provides $576,689,000 for the salaries and
expenses for administrative support offices, available until
September 30, 2022. Funds are provided as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Office of the Chief Financial Officer.......... $74,462,000
Office of the General Counsel.................. 107,254,000
Office of Administration....................... 207,693,000
Office of the Chief Human Capital Officer...... 38,933,000
Office of Field Policy and Management.......... 59,652,000
Office of the Chief Procurement Officer........ 21,013,000
Office of Departmental Equal Employment 4,239,000
Opportunity...................................
Office of the Chief Information Officer........ 63,443,000
Total........................................ $576,689,000
------------------------------------------------------------------------
In lieu of the House requirement for an expenditure plan,
the agreement directs HUD to include expenditures for
modernizing the Weaver Building and space consolidation in its
fiscal year 2021 operating plan.
Office of the Chief Financial Officer.--Of the amounts
provided for the OCFO, the agreement includes a total of
$15,000,000 for a center of excellence (COE) for customer
experience and the financial transformation initiative, and no
funding is included for a COE in the Office of Field Policy and
Management. The agreement directs the OCFO to submit a report
to the House and Senate Committees on Appropriations within 30
days of enactment of this Act on expired balances for fiscal
years 2015-2020.
Appropriations Liaison Division (ALD).--The agreement
prohibits the restructure or alteration of ALD or any division
within OCFO without prior approval from the House and Senate
Committees on Appropriations.
The agreement directs ALD to inform the House and Senate
Committees on Appropriations of the issuance of Notices of
Funding Availability and program and administrative support
office notices.
Office of Administration.--The agreement prohibits the
proposed consolidation of the Office of Administration, the
Office of the Chief Human Capital Officer, and the Office of
Procurement into a single funding line.
Office of Disaster and Emergency Management (ODEM).--The
agreement directs the Department to hire 5 additional full time
equivalents (FTEs) for disaster management in ODEM, and directs
HUD to submit a resource allocation plan for ODEM prior to
executing hires for the additional FTEs provided for in fiscal
year 2021 in order to ensure effective use and oversight of the
personnel funding.
Office of Field Policy and Management (OFPM).--The
agreement directs HUD to support the existing promise zone
designations for the length of their agreements. To realize the
full potential of these designations, the agreement directs the
OFPM to work with designees to ensure the provision of any OMB-
requested data for an effective evaluation of the initiative.
PROGRAM OFFICES
The agreement provides $904,673,000 for the salaries and
expenses for program offices, available until September 30,
2022. Funds are provided as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Office of Public and Indian Housing.................. $243,056,000
Office of Community Planning and Development......... 131,107,000
Office of Housing.................................... 404,194,000
Office of Policy Development and Research............ 36,250,000
Office of Fair Housing and Equal Opportunity......... 79,763,000
Office of Lead Hazard Control and Healthy Homes...... 10,303,000
Total............................................ $904,673,000
------------------------------------------------------------------------
Office of Public and Indian Housing (PIH).--The agreement
includes funding for 40 additional FTEs in PIH, of which no
less than 20 FTEs are for the Office of Public Housing and
Voucher Programs, and directs HUD to inform the House and
Senate Committees on Appropriations within 15 days of enactment
of this Act on its implementation of this hiring directive. The
agreement provides no less than $200,000 for travel related to
the provision of training, technical assistance, oversight, and
management of Indian housing.
Office of Community Planning and Development (CPD).--The
agreement includes funding for 20 additional FTEs in CPD, of
which no less than 12 FTEs are for the Office of Grant
Programs, and directs HUD to inform the House and Senate
Committees on Appropriations within 15 days of enactment of
this Act on its implementation of this hiring directive.
Office of Housing.--The agreement permits the Office of
Housing to move the Mortgagee Review Board to within the Office
of the Assistant Secretary for Housing-Federal Housing
Administration (FHA) Commissioner. The Department is prohibited
from undertaking any other proposed restructuring within the
Office of Housing without prior review and approval of the
House and Senate Committees on Appropriations.
Office of Policy Development and Research (PD&R).--The
agreement includes the funding for the Office of the Chief Data
Officer within PD&R, and HUD is encouraged to enable the Chief
Data Officer to leverage commercial technologies and carry out
pilot projects related to implementation of the requirements
under Title II of the Foundations for Evidence-Based
Policymaking Act (Public Law 115-435).
Office of Lead Hazard Control and Healthy Homes (OLHCHH).--
For the OLHCHH, the agreement includes funding for 1 additional
FTE to improve the oversight of environmental hazard reduction
in HUD-assisted housing and 2 additional FTEs which shall be
for the oversight of radon related activities in HUD-assisted
and low-income housing.
New housing in high cost metropolitan areas.--The agreement
directs HUD to report to the House and Senate Committees on
Appropriations within 90 days after the enactment of this Act
on identified metropolitan areas where income concentration and
housing supply constraints are most prevalent and recommend
best practices for localities and states to help encourage the
production of new housing in high-cost metropolitan areas.
Homelessness prevention.--The agreement directs HUD to
evaluate homelessness prevention initiatives around the country
and to issue policy guidance for the adoption and
implementation of effective and best practices. HUD is further
directed to brief the House and Senate Committees on
Appropriations within 180 days of enactment of this Act on ways
the Federal Government can increase flexibility in policies and
funding to allow for the creation or expansion of homelessness
prevention programs.
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
For the Working Capital Fund (WCF), the agreement permits
only centralized activities and funds from this account to
include financial management, procurement, travel, relocation,
human resources, printing, records management, space
renovation, furniture, and supply services and requires HUD to
centralize and fund from this account any shared service
agreements executed between HUD and another Federal agency.
Financial management, procurement, travel, and relocation costs
for services provided to the OIG are to be covered by the OCFO.
The agreement does not expand authority, as proposed in the
budget request, to include IT customer devices, or any other
activity not expressly permitted in this Act. The agreement
also requires HUD to include in its annual operating plan a
detailed outline of its plans for transferring budgetary
resources to the WCF in fiscal year 2021.
Public and Indian Housing
TENANT-BASED RENTAL ASSISTANCE
The bill provides $25,777,439,000 for all tenant-based
Section 8 activities under the tenant-based rental assistance
account, to remain available until expended.
The bill includes $23,080,000,000 for the renewal of
tenant-based vouchers. This amount includes funding to renew
veterans affairs supportive housing (VASH) vouchers funded in
prior years and the bill includes an additional $40,000,000 for
new incremental VASH vouchers. The renewal amount also includes
up to $5,000,000 for the Tribal HUD-VASH demonstration program.
The bill provides $43,439,000 in new incremental vouchers
to reduce homelessness among families with children, the
unsheltered, veterans, and survivors of domestic violence.
In addition to the $116,000,000 that the bill provides for
tenant protection vouchers (TPVs), the account has $60,000,000
in available carryover funds which makes a total of
$176,000,000 available for TPVs in fiscal year 2021.
HUD-VASH.--The agreement directs HUD to consult with the
Department of Veterans Affairs (VA) to determine how PHAs can
become designated entities to screen for veteran eligibility
and make referrals for the HUD-VASH program. The Department is
further directed to use its existing authority to specify
alternative requirements to permit PHAs to use unleased HUD-
VASH vouchers to house VA-eligible homeless veterans, even if
they have not received a referral from the VA. PHAs utilizing
this new authority must adhere to the following requirements:
the PHA must determine that a veteran it seeks to house is
eligible for VA services under the HUD-VASH program; the PHA
must refer the veteran to the VA for case management and
services; the PHA must provide, on a temporary basis until the
VA Medical Center has completed intake of the veteran,
appropriate case management and supportive services; and the
PHA must ensure that while using unleased HUD-VASH vouchers, it
has sufficient HUD-VASH vouchers available to immediately issue
a HUD-VASH voucher to veterans referred by the VA. HUD is also
directed to within 180 days of enactment of this Act report to
the House and Senate Committees on Appropriations on its
progress to implement the alternative requirements for the HUD-
VASH program and its effect on voucher utilization.
To ensure all funds directed to the HUD-VASH program are
accounted for and used efficiently, the agreement directs HUD
to make public the need for additional funding and reasons for
unused funds, which should also include an evaluation of the
effectiveness of the program and distribution of resources. The
agreement encourages the Department to use existing authority
to recapture HUD-VASH voucher assistance from PHAs that
voluntarily declare they no longer have a need for the
assistance, and to reallocate it to PHAs with an identified
need. The agreement directs HUD to submit a report to the House
and Senate Appropriations Subcommittee on Transportation,
Housing and Urban Development, and Related Agencies and the
Subcommittee on Military Construction, Veterans Affairs, and
Related Agencies within 120 days of enactment of this Act on
methods to reallocate unused HUD-VASH vouchers, which shall
include a determination of the feasibility of issuing a new
solicitation of participation for unallocated HUD-VASH
vouchers.
The Department is encouraged to prioritize, as part of this
reallocation, PHAs that project-base a portion of their HUD-
VASH vouchers.
TPVs for victims of domestic violence.--The agreement
reminds HUD of the importance of submitting to the House and
Senate Committees on Appropriations the report required by the
Further Consolidated Appropriations Act, 2020 on HUD's efforts
to consult with PHAs, other covered housing providers, and
advocates on how TPVs can be administered to HUD-assisted
tenants seeking emergency transfers under the Violence Against
Women Act (VAWA) and operationalized.
Landlord participation.--The agreement directs HUD, as part
of its landlord task force, to provide guidance and best
practices to PHAs on how to use their authority under the
Section 8 housing choice voucher administrative fees program to
incentivize landlords to accept more housing voucher
recipients.
Regional approaches to administering vouchers.--To ensure
the efficient use of housing choice vouchers that are made
available upon turnover, the agreement encourages HUD to
provide PHAs with technical assistance on how the industry can
leverage regional approaches to administering vouchers across
multiple PHAs and improve coordination of voucher portability
within regions.
Local coordination.--The agreement directs the Department
to evaluate how PHAs can work with local code enforcement
agencies to improve collaboration with units of local
government to monitor and address health and safety conditions
in Section 8 voucher units.
HOUSING CERTIFICATE FUND
(INCLUDING RESCISSIONS)
The agreement includes language allowing unobligated
balances in the housing certificate fund to be used for the
renewal of or amendments to section 8 project-based contracts
and for performance-based contract administrators.
PUBLIC HOUSING FUND
The bill provides $7,806,000,000 for the public housing
fund, to remain available until September 30, 2024.
The agreement consolidates the public housing operating
fund and public housing capital fund accounts into a single
public housing fund. This account consolidation brings the
funding of the public housing program in line with the other
rental assistance programs of HUD, which are all funded through
a single account. The agreement does not permit additional
flexibility between operating and capital activities beyond
those flexibilities that are already statutorily permitted.
Within the total, the bill provides $4,839,000,000 for the
public housing operating fund for 2021 payments and an
additional $25,000,000 is for a need-based allocation to PHAs
that experience or are at risk of financial shortfalls. Within
the total, the bill provides $2,765,000,000 for allocations to
PHAs through the capital fund formula.
The bill includes $23,000,000 for public housing financial
and physical assessment activities; $15,000,000 for
administrative and judicial receiverships; $75,000,000 for
emergency capital needs, of which $45,000,000 shall be for PHAs
under receivership or under the control of a federal monitor,
which shall be awarded based on need and shall not be subject
to a cap on individual grant award amounts and, of which not
less than $10,000,000 is for safety and security measures; and
$60,000,000 for competitive grants to public housing agencies
to evaluate and reduce lead-based paint hazards and other
hazards, such as carbon monoxide and mold in public housing, of
which $25,000,000 is specifically for lead hazards. The bill
also provides $4,000,000 for a new radon testing and mitigation
resident safety demonstration program. The agreement provides
that all PHAs, including those that are troubled, substandard,
or are under the direction of HUD, a monitor, or a court-
appointed receiver are eligible for funding for competitive
grants for both lead-based paint hazards and other hazards
under the public housing healthy homes initiative, such as
carbon monoxide, mold, and radon.
Recycling and Zero Waste Pilot Program.--The agreement does
not include funding for the Recycling and Zero Waste Pilot
Program included in House Report 116-452. Instead, the
Agreement directs HUD to evaluate methods of supporting and
expanding recycling and zero-waste programs in public housing
and to report to the House and Senate Committees on
Appropriations no later than 180 days after enactment of this
Act on those efforts.
Environmental hazards.--The agreement reminds the
Department that the intent of the public housing environmental
hazards set-aside funding, which includes lead-based paint
hazard reduction and healthy homes initiative activities, is to
help PHAs come into compliance with Federal statutes and
regulations in order to improve the living conditions of public
housing residents. HUD is prohibited from deeming any PHA,
including those that are troubled, substandard, or are under
the direction of HUD, a monitor, or a court-appointed receiver,
to be ineligible to apply for or receive funding made available
under this heading for lead-based paint hazards and public
housing activities under the healthy homes initiative set-
asides, provided the agency is in compliance with any current
memorandum of agreement or recovery agreements. The agreement
also prohibits HUD from deeming any PHA as ineligible to apply
for or receive funding if it has a violation or violations of
the Lead Safe Housing or Lead Disclosure Rules and presents
documentation establishing it is working in good faith to
resolve such findings by meeting any deadlines it was required
to reach under the terms of a settlement agreement, consent
decree, voluntary agreement, or similar document as of the date
of application. The agreement further prohibits HUD from
precluding funds from being used to carryout work to settle an
outstanding violation. The agreement expects HUD to work with
PHAs to ensure that the initiative reflects the unique needs of
the industry and strongly encourages the Department to work
with PHAs, their maintenance staff, and tenants to help ensure
potential lead-based paint risks are identified and addressed
expeditiously.
HUD's oversight of the physical condition of the Nation's
public housing stock lacks standard guidance and best practices
for PHAs. As such the agreement directs PIH to continue to work
with the OLHCHH to develop guidance and conduct webinars on
effective solutions to address mold, carbon monoxide, radon,
and other environmental hazards in public housing during fiscal
year 2021.
Administrative and judicial receiverships.--For fiscal year
2021, the agreement directs HUD to report quarterly to the
House and Senate Committees on Appropriations on the status of
PHAs under receivership, including factors that informed the
receivership such as physical and financial scores,
deficiencies with internal controls, and other information
demonstrating each PHA's inability to effectively oversee their
business operations. This report shall also include an
identification of funding resources and technical assistance
provided to each PHA for the purpose of transitioning out of
receivership and how HUD will address deficiencies in an effort
to return the respective PHAs to local control.
Physical and financial assessments.--The agreement directs
HUD to submit to the House and Senate Committees on
Appropriations within 90 days of enactment of this Act a report
on real estate assessment center (REAC) inspections of all HUD
assisted and/or insured properties. This report shall include:
the percentage of all inspected properties that received a
REAC-inspected score of less than 65 since calendar year 2013;
the number of properties in which the most recent REAC-
inspected score represented a decline relative to the previous
REAC score; a list of the ten metropolitan statistical areas
with the lowest average REAC-inspected scores for all inspected
properties; and a list of the ten states with the lowest
average REAC-inspected scores for all inspected properties.
The Committee expects the Department to build on the
Uniform Physical Condition Standards for Vouchers (UPCS-V)
inspection design for the housing choice voucher program to
inform the broad application of National Standards for the
Physical Inspection of Real Estate (NSPIRE) to all PHAs in
order to reduce their costs and administrative burdens.
The agreement directs HUD to submit to the House and Senate
Committees on Appropriations 30 days after enactment of this
Act, a report identifying how funds provided for REAC,
including any carryover balances, will be utilized during
fiscal year 2021.
Quality assurance of physical inspections.--The agreement
directs HUD to update the House and Senate Committees on
Appropriations quarterly during fiscal year 2021 on its
progress to implement the 14 recommendations in the GAO-19-254
report and 8 recommendations to enhance and improve the
inspection process made by the 2017 internal HUD taskforce.
ConnectHome.--The agreement encourages HUD to continue to
partner with foundations, nonprofit organizations, and other
relevant stakeholders to help identify ways residents living in
public housing can connect to broadband infrastructure through
technical assistance and digital literacy training, and to work
with its partners to take steps to expand the number of
participating communities.
Emergency and safety and security grants.--The agreement
includes $75,000,000 for emergency capital needs, including
safety and security measures in public housing in order to
protect tenants. The agreement directs the Department to fund
eligible safety and security projects with a portion of these
funds as quickly as possible. Of the $45,000,000 for PHAs under
receivership or under the control of a Federal monitor, the
agreement directs HUD to award these funds based on need and
not be subject to a cap on individual grant award amounts.
Shortfall funding.--The agreement includes $25,000,000 to
mitigate the risk of financial shortfalls among PHAs and
directs that the allocation of these funds shall first be
prioritized to PHAs with 249 or fewer public housing units that
are determined to be experiencing shortfalls and have less than
one-month of reserves before allocating funds to larger PHAs.
The agreement recognizes that PHAs in special circumstances,
such as those undergoing rental assistance demonstration (RAD)
conversions or utilizing flexibilities, are subject to
temporary fluctuations in operating expenses and may not be
experiencing true financial shortfall situations and directs
HUD to take these special circumstances into account
determining the allocation of funding.
Public housing agency accreditation.--The Department is
encouraged to explore the feasibility of a partnership between
HUD and one or more entities that provide accreditation
services to PHAs. Such entities would be nonprofit
organizations that have developed standards for, and are
experienced with, accrediting affordable housing organizations,
including PHAs, and promoting best practices to implement a
national accreditation process for affordable housing
organizations. Such accreditation would include an evaluation
of a PHA's operations, policies, procedures, practices,
communications, and relationships with residents and
stakeholders. The agreement directs HUD to report to the House
and Senate Committees on Appropriations within 240 days of
enactment of this Act on the feasibility of such partnerships.
CHOICE NEIGHBORHOODS INITIATIVE
The bill provides $200,000,000 for the choice neighborhoods
initiative, to remain available until September 30, 2023. Of
this amount, not less than $100,000,000 shall be made available
to PHAs, and no more than $5,000,000 is available for planning
grants.
The agreement directs the Secretary to give prior year
planning grants priority consideration for implementation grant
awards.
SELF-SUFFICIENCY PROGRAMS
The agreement provides $155,000,000 for self-sufficiency
programs, to remain available until September 30, 2024. Of the
amount provided, $105,000,000 is for the family self-
sufficiency program (FSS), $35,000,000 is for the resident
opportunity and self-sufficiency program (ROSS), and
$15,000,000 is for the jobs plus initiative.
Family Self-Sufficiency Program.--The agreement does not
include the directives in House Report 116-452 related to P.L.
115-174, requiring HUD to release related regulations, or
expanding FSS grant eligibility to project-based section 8
properties. The agreement directs HUD to prioritize the renewal
of all existing FSS coordinators.
The agreement directs HUD to use PIH Information Center
data from the 12-month period immediately preceding the
issuance of the FSS NOFA when calculating the number of new or
additional FSS coordinators for which a PHA is eligible to
apply.
For new families enrolling in the FSS program in fiscal
year 2021, the agreement directs that the income and rent
amounts to be used in the ``Program Contract of Participation''
shall be taken from the amounts on the last re-examination or
interim determination before the family's initial participation
in the FSS program. The agreement further directs HUD to
include in its annual budget submission to Congress data
showing FSS participation, escrow accumulation, and graduation
rates for the FSS program, including data from participating
entities without coordinator grants.
The agreement further directs HUD to continue developing
appropriate performance measures that will enable the
Department to promote best practices across local programs and
maximize the number of families that achieve self-sufficiency.
These metrics should take into account factors including that
include program size, geographic location, and the varied
eligible activities of the FSS program. The agreement directs
the Department to update the House and Senate Committees on
Appropriations on its progress within 180 days of enactment of
this Act.
NATIVE AMERICAN PROGRAMS
The bill provides $825,000,000 for Native American
programs, to remain available until September 30, 2025. The
bill provides the following levels for specific activities
within this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Native American housing block grants--formula........... $647,000,000
Native American housing block grants--competitive....... 100,000,000
Title VI loan program................................... 1,000,000
Indian community development block grants............... 70,000,000
Training and technical assistance....................... 7,000,000
------------------------------------------------------------------------
Competitive grants.--For the $100,000,000 in competitive
grants, HUD staff is directed to review and score each
application in its entirety. Each fiscal year appropriation
shall be administered as a stand-alone competition and may not
be combined with prior or future year appropriations, although
any remaining balances from the fiscal year 2020 competition
may be included in the fiscal year 2021 competition. Applicants
should be required to meet a threshold of capacity, but the
competition should not provide additional points for capacity
above and beyond what is needed to successfully administer
these grants.
Coordinated environmental reviews for tribal housing and
related infrastructure.--The agreement directs HUD to continue
its efforts to collaborate with its Federal agency partners to
develop a coordinated environmental review process to simplify
and streamline tribal housing development and its related
infrastructure needs in order to eliminate unnecessary Federal
barriers to housing development in tribal communities while
also balancing the need to ensure appropriate and necessary
environmental protections. HUD is expected to provide routine
reports to the House and Senate Committees on Appropriations on
task force meetings, action items, goals, and recommendations.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
The bill provides $1,500,000 for the cost of guaranteed
loans, to remain available until expended. The bill provides an
additional $500,000 for administrative contract expenses to
carry out the loan guarantee program, to remain available until
expended. The bill allows HUD to use funds in this and prior
Acts for the cost of guaranteed loans that are unobligated to
subsidize a total loan level of up to $1,000,000,000.
Oversight and management.--The agreement directs HUD to
report quarterly to the House and Senate Committees on
Appropriations on the steps it is taking to implement
corrective actions to the OIG recommendations regarding
weaknesses in internal controls, management processes,
administrative contract expenses, and information technology
systems identified in report 2018-OE-004. Further, the OIG
shall conduct a follow up review of the Office of Loan
Guarantee to determine if the weaknesses previously identified
have been effectively addressed.
NATIVE HAWAIIAN HOUSING BLOCK GRANT
The bill provides $2,000,000 for the Native Hawaiian
housing block grant program, to remain available until
September 30, 2025.
The agreement directs HUD to ensure that the funds provided
are administered to maximize the provision of affordable
housing through the construction of high density, multi-family
affordable housing and rental units, as well as housing
counseling services and the rehabilitation of housing on Native
Hawaiian home lands that do not meet safe and sanitary housing
building standards.
Community Planning and Development
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
The agreement provides $430,000,000 for housing
opportunities for persons with AIDS program, to remain
available until September 30, 2022, except that amounts
allocated pursuant to 854(c)(5) shall remain available until
September 30, 2023.
COMMUNITY DEVELOPMENT FUND
The bill provides $3,475,000,000 for the community
development fund, to remain available until September 30, 2023.
Of the total, the bill provides $3,450,000,000 in community
development block grant (CDBG) formula funding and $25,000,000
for activities authorized under section 8071 of the SUPPORT for
Patients and Communities Act.
Data in rural communities.--The agreement encourages HUD to
extend flexibilities for the use of alternative data for rural
communities with less than 1,000 residents when a CDBG
applicant considers American community survey (ACS) data to be
unreliable.
Clarifying eligible activities to address homelessness.--
The agreement directs HUD to clarify that CDBG funds can be
used for: (1) housing assistance for homeless individuals,
including emergency or temporary shelter, transitional housing,
permanent supportive housing or emergency temporary rental
assistance; (2) supportive services for persons experiencing
homelessness, including mental health, substance use disorder,
recovery, and disabling or other chronic health related
services, and education and job-training; (3) capital building
and infrastructure costs associated with the provision of
housing and supportive services to homeless individuals; and
(4) conditioning assistance for housing rehabilitation on
renting units to voucher holders.
CDBG timely performance reviews.--To ensure HUD's
regulations for entitlement grantees allow for an appropriate
amount of time to effectively allocate funds to projects after
annual grants are awarded, the Department should review in
consultation with grantees its timely expenditure regulations.
Addressing blight and abandoned properties.--The agreement
encourages HUD to work with its grantees to identify effective
solutions to blight and abandoned properties in order to
alleviate its harmful effects on communities.
CBDG disaster recovery.--The agreement directs HUD to
review its CDBG disaster recovery bifurcation policy, terms and
conditions, and the benefits and inefficiencies generated by
this policy.
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT
The bill provides the authority to collect fees from
borrowers adequate to result in a subsidy cost of zero. The
bill also provides an aggregate limitation on commitments of no
more than $300,000,000 for loan guarantees under section 108.
HOME INVESTMENT PARTNERSHIPS PROGRAM
The bill provides $1,350,000,000, to remain available until
September 30, 2024, for the HOME investment partnerships
program.
Affordable housing needs.--The agreement supports
innovative projects that combine public and private capital,
and directs HUD to continue to work to expand the supply and
affordability of housing for low-income and very low-income
people.
Reconciling income guidelines for disabled veterans.--The
agreement directs the Department to work with the Department of
Treasury to determine policies that align HUD and low-income
housing tax credit (LIHTC) guidelines to address the housing
needs of low-income disabled veterans.
Environmental reviews.--The Agreements directs HUD to issue
regulations aligning the environmental regulations for the HOME
and housing trust fund programs within 60 days of enactment of
this Act.
SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM
The agreement provides $60,000,000 to remain available
until September 30, 2023. Within this amount, $10,000,000 is
available for the self-help homeownership opportunity program;
$41,000,000 for the second, third, and fourth capacity building
activities authorized under section 4(a) of the HUD
Demonstration Act of 1993, of which not less than $5,000,000
shall be for rural capacity building activities; $5,000,000 for
capacity building activities by national organizations with
expertise in rural development; and $4,000,000 for a program to
rehabilitate and modify homes of disabled or low-income
veterans as authorized under section 1079 of Public Law 113-
291.
Section 4 program.--The agreement directs funds available
for Section 4 program to be used solely for capacity building
activities.
National organization definition.--The agreement directs
HUD to define an eligible national organization as a nonprofit
with ongoing experience in rural housing in 8 or more of HUD's
regions.
HOMELESS ASSISTANCE GRANTS
The agreement provides $3,000,000,000, to remain available
until September 30, 2023, for homeless assistance grants.
Funding is provided in the amounts shown in the following
table:
------------------------------------------------------------------------
------------------------------------------------------------------------
Continuum of care (CoC) and rural not less than $2,569,000,000
housing stability assistance.......
Emergency solutions grants.......... not less than $290,000,000
Projects to assist survivors of up to $52,000,000
domestic violence, dating violence,
sexual assault or stalking.........
National homeless data analysis up to $7,000,000
project............................
Comprehensive approach to serving up to $82,000,000
homeless youth.....................
Technical assistance.............. [up to $10,000,000]
Total........................... $3,000,000,000
------------------------------------------------------------------------
Projects serving survivors fleeing domestic violence.--The
agreement expects HUD to work with CoCs to ensure that projects
to address the needs of domestic violence survivors do not
supplant projects eligible for renewal as part of the 2022 CoC
grant competition.
Addressing the needs of youth experiencing homelessness.--
The agreement encourages the Department to continue to provide
guidance to clarify the homeless assistance program
requirements; to ensure that sufficient technical assistance
resources are available; and to share best practices through a
variety of communication strategies while understanding the
unique opportunities and challenges for rural communities. The
agreement also directs the Department to provide information on
successful youth transitional housing models on its website.
Additionally, the agreement encourages the use of coordinated
entry as a process to ensure that youth experiencing a housing
crisis have access to appropriate services and are quickly
identified, assessed, referred, and connected to housing and
services.
Annual homeless assessment report (AHAR).--The agreement
continues to direct HUD to incorporate additional Federal data
on homelessness, particularly as it relates to youth
homelessness, into the AHAR. The Department shall submit the
AHAR report to the House and Senate Committees on
Appropriations by August 29, 2021.
Overdue reports.--The agreement directs the Department to
submit all reports required by H. Rept. 114-129 within 180 days
of enactment of this Act, but does not reduce the appropriation
for the Office of the Secretary after that deadline.
Housing Programs
PROJECT-BASED RENTAL ASSISTANCE
The agreement provides $13,465,000,000 for project-based
rental assistance activities, to remain available until
expended, including $13,065,000,000 to be available on October
1, 2020, and an advance appropriation of $400,000,000 to be
available on October 1, 2021. Of the total, not more than
$350,000,000 is for performance-based contract administrators.
Performance-based contract administrators.--The agreement
directs HUD to ensure that any solicitation for performance-
based contract administrators does not impede housing finance
agencies from bidding on State-based contracts.
HOUSING FOR THE ELDERLY
The agreement provides $855,000,000 for the section 202
program, to remain available until September 30, 2024, of which
up to $125,000,000 shall be for service coordinators and the
continuation of existing congregate service grants. This
includes up to $52,000,000 for new capital advance and project
rental assistance contracts, of which up to $5,000,000 is for
intergenerational dwelling units.
The agreement directs the Department to make all remaining
funding provided in fiscal years 2018, 2019, and 2020 available
not later than 100 days after enactment of this Act, and to
award that funding not later than 220 days after enactment of
this Act.
Service coordinators.--The agreement directs the Department
to implement the following recommendations from the GAO report
regarding section 202 properties employing service
coordinators: (1) continue to improve the accuracy of the
Department's data on section 202 properties with service
coordination; (2) develop and make available written guidance
on assessing compliance with supportive services requirements;
and (3) develop and implement procedures for verifying and
analyzing performance data.
PRAC/SPRAC renewals.--The agreement directs the Department
to evaluate methodologies to improve the PRAC/SPRAC contract
renewal process, identify existing funding and administrative
mechanisms to assess the scheduling of renewal anniversary
dates to more effectively meet the renewal need, and report to
the House and Senate Committees on Appropriations on such
findings and recommendations.
Integrated wellness in supportive housing (IWISH).--The
agreement extends the IWISH demonstration and directs on-time
reporting to Congress with the appropriate evaluative measures
as directed by this and prior Appropriations acts. The
agreement directs the Department to provide an interim
evaluation and a briefing to the House and Senate Committees on
Appropriations within 90 days of enactment of this Act
outlining the anticipated outcomes through the enhanced
analysis of data collected through the extension of this
demonstration.
HOUSING FOR PERSONS WITH DISABILITIES
The agreement provides $227,000,000 for the section 811
program, to remain available until September 30, 2024. This
includes up to $54,000,000 for new project rental assistance
and capital advance awards.
The agreement directs the Department to make all remaining
funding provided in fiscal years 2018, 2019, and 2020 available
not later than 100 days after enactment of this Act, and to
award that funding not later than 220 days after enactment of
this Act.
The agreement does not include the capital advances
demonstration included in the House report. The agreement
recognizes the importance of supportive services and directs
the Department to complete the report required by House Report
116-106 expeditiously.
The agreement directs HUD to prioritize projects targeting
individuals with intellectual and developmental disabilities
who have been receiving care through family members when
awarding the new project rental assistance funds provided in
this Act.
HOUSING COUNSELING ASSISTANCE
The agreement provides $57,500,000 for housing counseling
assistance, including up to $4,500,000 for administrative
contract services, to remain available until September 30,
2022. The agreement also provides an additional $20,000,000, to
remain available until September 30, 2023, for competitive
grants to nonprofit or governmental entities to provide legal
assistance to low-income tenants at risk of eviction.
Real estate wire fraud.--The agreement directs HUD to brief
the House and Senate Committees on Appropriations within 90
days of enactment of this Act on the efforts of HUD,
interagency partners, and housing counseling agencies to
educate consumers on real estate wire fraud.
Evictions assistance demonstration.--The agreement directs
HUD to prioritize areas with high rates of evictions and
encourages the Department to consider at least one national
provider to ensure that assistance is accessible in rural areas
that may lack a local or state provider. The agreement also
directs the Secretary to determine the appropriate program
office to implement this demonstration program and provide
oversight.
Housing counseling agency partnerships with minority-
serving institutions (MSIs).--The agreement directs that not
less than $3,000,000 of the funds provided for the housing
counseling grant program are for housing counseling agencies to
partner with historically black colleges and universities,
Tribal colleges and universities and other MSIs.
PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND
The agreement provides $13,000,000 for the manufactured
housing standards programs, of which $13,000,000 is to be
derived from fees collected and deposited in the manufactured
housing fees trust fund. The agreement directs that not more
than $4,500,000 shall be for the monitoring of manufacturers'
compliance with construction and safety standards by third-
party inspection agencies.
A final rule entitled ``Manufactured Housing Program:
Minimum Payments to the States'' was published in the Federal
Register on November 11, 2020, (81 Fed. Reg. 71831), therefore
the agreement eliminates the reporting requirement in House
Report 116-452 related to this rule.
Federal Housing Administration
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
The agreement sets a limit of $400,000,000,000 on
commitments to guarantee single-family loans and provides
$130,000,000 for administrative contract expenses, which shall
be available until September 30, 2022.
Home equity conversion mortgages (HECM).--The agreement
directs HUD to reinstate online publishing of the HECM single-
family data report on the loan performance and sales data used
to compile the annual actuarial review, including a data
element dictionary, and encourages FHA loan-level origination
and performance data, including servicing and termination
information, to also be included. This report shall not include
personal identifying information to ensure appropriate privacy.
Reporting on distressed assets.--The agreement directs that
within 60 days of enactment of this Act, the Secretary publish
online a report or reports on the post-sale status of all loans
sold through HUD's single family asset sales program, including
forward and HECM loans and non-distressed asset stabilization
program sales since January 2017, and to update its online
reporting semi-annually thereafter. Such reports shall contain
the standards used to determine affordability of modified
payments, including data concerning debt-to-income ratios for
loans modified by purchasers.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
The agreement sets a $30,000,000,000 limit on multifamily
and specialized loan guarantees and provides that such
commitment authority shall be available until September 30,
2022.
Government National Mortgage Association
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE PROGRAM ACCOUNT
The agreement sets a limit of up to $1,300,000,000,000 for
new commitments and provides $33,500,000 for salaries and
expenses for the Government National Mortgage Association
(Ginnie Mae), which shall be available until September 30,
2022.
The agreement directs Ginnie Mae to include as part of the
fiscal year 2022 budget request recommendations for increasing
its internal capacity for oversight of core functions and
contracts, and directs the Department to work with GAO to
address all open items related to Executive action
recommendations in GAO-19-191 report within 270 days of
enactment of this Act.
Policy Development and Research
RESEARCH AND TECHNOLOGY
The bill provides $105,000,000 for research and technology
activities and technical assistance, to remain available until
September 30, 2022. Of the amounts made available, the
agreement provides $59,050,000 for core research and technology
including: market surveys, research support and dissemination,
data acquisition, housing finance studies, research
partnerships, housing technology, up to $500,000 for innovation
activities, and up to $5,550,000 for cooperative agreements and
research partnerships with historically black colleges and
universities.
The agreement provides not less than $32,800,000 for
technical assistance. Of this amount, $5,000,000 shall be
available on a competitive basis to non-profit or private
sector organizations to provide technical assistance to units
of general local government or non-profit organizations that
serve counties or census tracts that have had 20 percent or
more of the population living in poverty, as measured by the
1990 and 2000 decennial census and the most recent five-year
data series available from the American community survey (ACS)
of the Census Bureau, and any territory or possession of the
United States. Additionally, of the amount provided for
technical assistance, $1,800,000 shall be available on a
competitive basis to non-profit or private sector organizations
to provide technical assistance to distressed cities or
regions, including those that have been impacted by a natural
disaster.
The agreement provides up to $13,150,000 for critical
research, demonstrations, and evaluations and directs HUD to
include details on its allocation of these research resources
in its fiscal year 2021 operating plan. Included in this total
is the continuation of the following research and evaluations:
moving to work (MTW) program expansion; HUD's supportive
services demonstration (IWISH); pay-for-success permanent
supportive housing partnership between HUD and the Department
of Justice; and a follow-up evaluation of the first-time
homebuyer education and counseling demonstration. The following
new research and evaluations are also funded: a feasibility
study of the creation of an eviction database; a collaboration
with the Department of Health and Human Services (HHS) to
better prioritize or promote on-site childcare supportive
services for HUD-assisted families; a qualitative study of how
publicly available data on rental property health and safety
violations impact landlord and renter behavior; a study on the
effectiveness of disaster recovery funding; a study on Section
8 voucher success rates; and a review of the existing Federal
tools to preserve and develop affordable housing.
Evictions database.--For amounts provided under this
heading for an evictions database feasibility study, HUD shall
submit to the House and Senate Committees on Appropriations
within 270 days of enactment of this Act an examination of the
possibility of incorporating information on the following: the
defendant and other affected persons in the evicted household;
the plaintiffs; the source of Federal rental assistance, if
any; procedural and aggregate data on the court-ordered or
administrative eviction case; data on executed evictions and
the housing status of a tenant following a court-ordered or
administrative eviction; and individual and aggregate level
data on all illegal evictions. This study shall include
recommendations for statistical analysis relating to such a
database, including what additional data may be considered for
collection in order to understand eviction trends by race,
gender, disability status, ethnicity, and age, consistent with
the protected classes under the Fair Housing Act of 1968
(Public Law 90-284).
Fair market rents (FMRs).--The agreement encourages the
Department to continue its progress to improve the calculation
of FMRs for rental markets experiencing a lag in the
availability of rent data. HUD is strongly encouraged, to the
extent permissible under current regulations, to set FMRs at no
lower than the previous year's level for an FMR area, unless
the Department has sufficient local data to justify such a
change (such as bureau of labor statistics, county or
metropolitan area tabulations, annual ACS data for communities
with populations over 65,000, or other comparable data points).
Fair Housing and Equal Opportunity
FAIR HOUSING ACTIVITIES
The agreement provides $72,555,000 for fair housing
activities, to remain available until September 30, 2022. This
includes $46,305,000 for the fair housing initiatives program
(FHIP), $24,400,000 for the fair housing assistance program,
$1,500,000 for the national fair housing training academy, and
$350,000 for translated materials. Of the funds available for
FHIP, not less than $7,850,000 is for education and outreach
programs, and not less than $750,000 is for fair housing
organization initiatives.
Grant administration.--The agreement extends the
requirement to award funds not later than 200 days after
enactment and directs HUD to allow for an overlap in grant
cycles, thereby ensuring continuity, improved program
management, and timely award of grants. The agreement also
directs HUD to brief the House and Senate Committees on
Appropriations on the implementation of the FHIP program within
60 days of enactment of this Act.
Tester coordinator training.--The agreement directs the
Department to operate a comprehensive tester coordinator
training program and to provide ongoing training, technical
assistance, and resources to test coordinators working in fair
housing organizations. Upon the publication of the fiscal year
2021 tester training NOFA, the Department is encouraged to
clearly outline grantee eligibility requirements, provide
thorough guidance, and indicate any changes from the previous
NOFA so prospective grantees can plan their application
strategies with sufficient notice before the submission
deadline. HUD shall ensure technical assistance remains an
eligible use of funds in the fiscal year 2021 tester training
NOFA. Additionally, the Department shall not merge existing
tester coordinator training with other fair housing activities,
including the national fair housing training academy.
Office of Lead Hazard Control and Healthy Homes
LEAD HAZARD REDUCTION
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $360,000,000 for lead hazard control
and healthy homes programs, to remain available until September
30, 2023. Of the amount provided, $60,000,000 is available for
the healthy homes initiative, and not less than $95,000,000 is
available for lead-based paint hazard reduction in
jurisdictions with the highest lead-based paint abatement
needs.
Weatherization assistance program.--The agreement directs
that $5,000,000 of healthy homes funds be used for pilot
projects in up to 5 communities that are served by both the
healthy homes and Department of Energy (DOE) weatherization
assistance program (WAP). The agreement supports participation
in the interagency working group to coordinate with DOE and to
assist WAP grantees and sub-grantees in facilitating
partnerships to perform window removal and installation work in
older, low-income housing. The agreement directs HUD to collect
information on how many units benefit from coordination with
DOE and how much this coordination has reduced costs for
hardware and labor. HUD is directed to provide this information
to the House and Senate Committees on Appropriations no later
than 6 months after the end of each grant cycle on an annual
basis.
Highest lead abatement needs.--The agreement directs HUD to
award no less than $95,000,000 in grants to jurisdictions with
the highest lead-based paint abatement needs and encourages HUD
to exceed the threshold.
Aging-in-place home modification grants.--The agreement
directs HUD to ensure funds appropriated for the aging-in-place
home modification grants reflect the original intent of the
program by serving low-income senior homeowners. HUD is further
directed to continue to take into account successful models of
low-barrier, participant led, holistic approaches to aging in
place while designing the aging-in-place program NOFA. The
agreement directs HUD to track the outcomes of seniors whose
homes have been modified in order to better understand the
effectiveness of this funding in reducing at- home falls,
hospitalizations, and emergency response calls, as well as
improving independence and tenure in home over time.
Improving the lead grant application process.--The
agreement directs HUD to continue to improve technical
assistance and ensure Department-issued NOFAs to encourage more
grantees to apply for lead reduction grants, especially those
that may not have access to professional grant writers, and
specifies that HUD shall clearly state in the NOFA that an
application may include non-profit co-applicants, provided an
eligible entity is the lead or co-applicant. The agreement
directs HUD to allow for an overlap in grant cycles in order to
ensure continuity and improved program management at the local
level. HUD is further directed to continue the weighting of
criteria which ensures proper consideration is given to
applicants that demonstrate previous successful completion of
lead grants.
Overdue directives.--The agreement directs the Department
to fulfill the following outstanding directives within 30 days
of enactment: operationalizing a tool that will provide data to
permit HUD to better target grant awards to communities most at
risk for lead-based paint hazards; issuing clarifying guidance
to address noncompliance of grantees with lead-based paint
regulations and to determine when enforcement actions should be
pursued against grantees; completing the overdue best practices
report required by section 312 of Public Law 115-474; and
submitting annual reports mandated by 42 U.S.C. 4856.
National radon action plan compliance.--The agreement
directs HUD to provide the House and Senate Committees on
Appropriations with an update, within 120 days of enactment, on
the two outstanding commitments outlined in the Federal Radon
Action Plan. This update shall include: information on how HUD
is collaborating with the Environmental Protection Agency
(EPA), HHS, and the U.S. Department of Agriculture (USDA) on an
interagency radon outreach initiative; the manner HUD is
working with EPA and USDA on engaging the philanthropic
community to support radon risk reduction; the reasoning as to
why these objectives remain incomplete; and the steps HUD has
outlined to complete these objectives.
Inspection standards.--The agreement directs the Department
to provide the House and Senate Committees on Appropriations
with a report within 180 days of enactment of this Act on the
statutory changes recommended to strengthen lead inspection
standards beyond a visual lead assessment in Federally-assisted
housing, HCV units, and households with a child under age 6.
This report shall include how HUD has or will address the
oversight, performance assessment, and reporting deficiencies
identified in GAO report 18-394. The report should also include
the feasibility and estimated costs of incorporating a lead
risk assessment or lead hazard screen into HCV units' Housing
Quality Standards inspection process while preserving rental
housing availability, unit affordability, and landlord
participation. The agreement expects OLHCHH to collaborate with
PIH in producing this report.
Information Technology Fund
The agreement provides $300,000,000 for the information
technology fund, of which $260,000,000 is available until
September 30, 2022, and $40,000,000 is available until
September 30, 2024.
FHA IT modernization.--The agreement includes $20,000,000
to improve FHA's single-family insured mortgage processing
underwriting and delivery, modernizing the single-family asset
management and claims systems, and addressing lender activities
and program compliance. Funds made available for FHA IT
modernization may also be used for more immediate IT needs,
including improvements to FHA's system interface with the
Department of the Treasury's ``Do Not Pay System'', FHA's
origination systems for HUD IT security policy compliance, and
the reverse mortgage system. The agreement amends the directive
in House Report 116-452 on the frequency of updates on FHA's IT
modernization efforts to instead require HUD to provide
quarterly updates and GAO to evaluate these updates
semiannually.
PIH IT modernization.--The agreement includes $20,000,000
for the modernization and development of PIH IT systems,
specifically the public housing information center and/or
voucher management systems, the operating fund web portal, the
NSPIRE demonstration, and support for the section 184 loan
guarantee program.
The agreement directs HUD to submit a performance plan
prior to obligating more than 10 percent of its fiscal year
2021 funding for development, modernization, and enhancements
and amends the directive in House Report 116-452 on the
frequency of updates on the performance plan to instead require
quarterly updates. The agreement further directs HUD to report
to the House and Senate Committees on Appropriations within 30
days of enactment of this Act on its progress to address two
2014 GAO recommendations on managing IT investments and current
efforts to define the overall HUD IT modernization approach,
which shall include efforts to establish an IT investment
review board and a process for identifying and tracking cost
savings and operational efficiencies due to IT investments, as
well as the Department's progress on implementing and
evaluating IT management controls.
Office of Inspector General
The bill provides $137,200,000 for the salaries and
expenses of the Office of Inspector General (OIG). Within this
amount, $1,686,000 is available until September 30, 2021, to
procure and rely upon the services of an independent external
auditor for this fiscal year for HUD's consolidated financial
statements, including those of the FHA and GNMA.
Audit reports--The OIG is expected to continue to provide
copies of all audit reports to the House and Senate Committees
on Appropriations immediately upon issuance and to make the
Committees aware of any review that recommends significant
budgetary savings at such time.
Continued review of the Office of Native American Programs
Office of Loan Guarantee section 184 program.--The agreement
directs the OIG to again conduct a review of the section 184
program to determine whether the weaknesses in internal
controls and IT systems have been effectively addressed in
response to the OIG's previous oversight and management reviews
(2018-OE-0004).
General Provisions--Department of Housing and Urban Sevelopment
(INCLUDING TRANSFER OF FUNDS)
(INCLUDING RESCISSIONS)
Section 201 splits overpayments evenly between Treasury and
state HFAs.
Section 202 prohibits funds from being used to investigate
or prosecute lawful activities under the Fair Housing Act.
Section 203 requires any grant or cooperative agreement to
be made on a competitive basis, unless otherwise provided, in
accordance with section 102 of the Department of Housing and
Urban Development Reform Act of 1989.
Section 204 relates to the availability of funds for
services and facilities for GSEs and others subject to the
Government Corporation Control Act and the Housing Act.
Section 205 prohibits the use of funds in excess of the
budget estimates, unless provided otherwise.
Section 206 relates to the expenditure of funds for
corporations and agencies subject to the Government Corporation
Control Act.
Section 207 requires the Secretary to provide quarterly
reports on uncommitted, unobligated, recaptured, and excess
funds in each departmental program and activity.
Section 208 exempts GNMA from certain requirements of the
Federal Credit Reform Act of 1990.
Section 209 authorizes HUD to transfer debt and use
agreements from an obsolete project to a viable project,
provided that no additional costs are incurred and other
conditions are met.
Section 210 sets forth requirements for section 8 voucher
assistance eligibility and includes consideration for persons
with disabilities.
Section 211 distributes Native American housing block
grants to the same Native Alaskan recipients as in fiscal year
2005.
Section 212 instructs HUD on managing and disposing of any
multifamily property that is owned or held by HUD.
Section 213 allows PHAs that own and operate 400 or fewer
units of public housing to be exempt from asset management
requirements.
Section 214 restricts the Secretary from imposing any
requirements or guidelines relating to asset management that
restrict or limit the use of capital funds for central office
costs, up to the limits established in law.
Section 215 requires that no employee of the Department be
designated as an allotment holder unless the CFO determines
that such employee has received certain training.
Section 216 requires the Secretary to publish all notices
of funding availability that are competitively awarded on the
internet for fiscal year 2021.
Section 217 requires attorney fees for programmatic
litigation to be paid from the individual program office and
Office of General Counsel salaries and expenses appropriations,
and requires the Department's annual budget submission to
include any projected costs for attorney fees as a separate
line item request.
Section 218 allows the Secretary to transfer up to 10
percent of funds or $5,000,000, whichever is less, appropriated
under the headings ``Administrative Support Offices'' or
``Program Offices'' to any other office funded under such
headings.
Section 219 requires HUD to take certain actions against
owners receiving rental subsidies that do not maintain safe
properties.
Section 220 places a salary and bonus limit on public
housing agency officials and employees.
Section 221 requires the Secretary to notify the House and
Senate Committees on Appropriations at least 3 full business
days before grant awards are announced.
Section 222 prohibits funds to be used to require or
enforce the physical needs assessment.
Section 223 prohibits funds for HUD financing of mortgages
for properties that have been subject to eminent domain.
Section 224 prohibits the use of funds to terminate the
status of a unit of general local government as a metropolitan
city with respect to grants under section 106 of the Housing
and Community Development Act of 1974.
Section 225 allows funding for research, evaluation, and
statistical purposes that is unexpended at the time of
completion of the contract, grant, or cooperative agreement to
be reobligated for additional research.
Section 226 prohibits funds for financial awards for
employees subject to administrative discipline.
Section 227 allows program income as an eligible match for
2015 through 2021 continuum of care funds.
Section 228 permits HUD to provide one year transition
grants under the continuum of care program.
Section 229 prohibits the use of funds to direct a grantee
to undertake specific changes to existing zoning laws as part
of carrying out the final rule entitled, ``Affirmatively
Furthering Fair Housing'' or the notice entitled,
``Affirmatively Furthering Fair Housing Assessment Tool''.
Section 230 maintains current promise zone designations and
agreements.
Section 231 prohibits funds from being used to establish
review criteria, including rating factors or preference points,
for competitive grants programs for envision center
participation or coordination, with exceptions.
Section 232 prohibits funds from being used to make changes
to the annual contributions contract that was in effect on
December 31, 2017, with exceptions.
Section 233 clarifies the use of funds for the family self-
sufficiency program.
Section 234 addresses the establishment of reserves for
public housing agencies designated as MTW agencies.
Section 235 prohibits funds from being used to make certain
eligibility limitations as part of a notice of fund
availability for competitive grant awards under the public
housing capital fund.
Section 236 rescinds all remaining balances from the rental
housing assistance account.
Section 237 prohibits funds from being used to issue rules
or guidance in contravention of section 210 of Public Law 115-
254 (132 Stat. 3442) or section 312 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155).
Section 238 permanently rescinds certain homeless
assistance grants funding and makes an equivalent amount
available to complete awards for the fiscal year 2019 youth
homelessness demonstration.
TITLE III--RELATED AGENCIES
Access Board
SALARIES AND EXPENSES
The agreement provides $9,200,000 for salaries and
expenses.
Federal Maritime Commission
SALARIES AND EXPENSES
The bill provides $30,300,000 for the salaries and expenses
of the FMC, of which not more than $3,500 shall be available
for official reception and representation expenses. Of the
funds provided, up to $553,744 is available for the FMC OIG.
The agreement provides funding to accommodate required
increases to FMC's FERS contribution and annualization of cost
of living adjustments for fiscal year 2020, and, dependent upon
available funds, to support the hiring of additional FTE(s).
FMC is directed to brief the House and Senate Committees on
Appropriations no later than 30 days after enactment of this
Act detailing its plans for these additional resources.
National Railroad Passenger Corporation Office of Inspector General
SALARIES AND EXPENSES
The bill provides $25,274,000 for the salaries and expenses
of the National Railroad Passenger Corporation Office of
Inspector General.
National Transportation Safety Board
SALARIES AND EXPENSES
The bill provides $118,400,000 for the salaries and
expenses of the National Transportation Safety Board (NTSB).
Recommendations to DOT.--The agreement directs the NTSB to
continue to provide the compliance report required under 49
U.S.C. 1135(e).
Neighborhood Reinvestment Corporation
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION
The bill provides $165,000,000 for the Neighborhood
Reinvestment Corporation (NRC), of which $5,000,000 shall be
for a multi-family rental housing program. Within the total,
the bill provides $2,000,000, to remain available until
September 30, 2024, for the promotion and development of shared
equity housing models.
Neighborhood revitalization.--The agreement recognizes the
importance of restoring communities left behind in legacy urban
and rural areas suffering from depopulation and
deindustrialization. Innovative revitalization strategies from
partnerships including municipalities, land banks, community
development organizations, nonprofits, and anchor institutions
are needed to address the problem. Therefore, the agreement
directs the NRC to prioritize neighborhood revitalization
support activities in areas with concentrations of abandoned or
distressed properties and to brief the House and Senate
Committees on Appropriations on these efforts no later than 180
days after enactment of this Act.
Grant notifications.--The agreement directs the NRC to
provide at least three days' advance notice to the House and
Senate Committees on Appropriations prior to the announcement
of any grant exceeding $50,000 that is awarded to a NRC network
organization.
Rural areas.--The agreement urges the NRC to continue
capacity-building initiatives in rural areas.
Multilingual training courses.--The agreement directs the
NRC to continue surveying of the NRC network to determine
whether there is sufficient need for additional professional
development and certification training courses for non-profit
community development staff to be offered in additional
languages.
Shared equity.--Of the $2,000,000 provided for shared
equity, the NRC is directed to invest $1,000,000 in technical
assistance and $1,000,000 for two $500,000 capital grants for
affiliates to bring new homes into their existing shared equity
portfolios. The agreement encourages the NRC to invest in at
least one recipient that serves a rural area or a city under
50,000 that has demonstrated success in managing a shared
equity portfolio. The agreement further directs the NRC to work
with affiliate organizations with experience in offering shared
equity homeownership opportunities as technical assistance
providers.
Surface Transportation Board
SALARIES AND EXPENSES
The bill provides $37,500,000 for the salaries and expenses
of the Surface Transportation Board (STB). The bill permits the
collection of up to $1,250,000 in user fees to be credited to
this appropriation and provides that the general fund
appropriation be reduced on a dollar-for-dollar basis by the
actual amount collected in user fees to result in a final
appropriation from the general fund estimated at not more than
$36,250,000.
Regulatory proceedings.--The agreement encourages the STB
to provide a timely and decisive regulatory process, applauds
the recent actions to adopt the full complement of board
members to the STB, and encourages the administration to make
nominations as soon as possible after a member's term expires.
United States Iinteragency Council on Homelessness
OPERATING EXPENSES
The agreement provides $3,800,000 for operating expenses of
the U.S. Interagency Council on Homelessness (USICH). The
agreement does not direct the USICH to complete the report
directed by House Report 115-750, as the agency has fulfilled
its obligation.
Supporting transitioning service members.--The agreement
encourages the USICH to continue coordination with the
Department of Defense and other Federal partners in generating
necessary data to ensure an effective transition for service
members into civilian life.
Evidence-based practices and recommendations.--The
agreement directs the USICH to ensure best practices and
evidence-based conclusions are central to any technical
assistance and recommendations released by the agency.
Additionally, the agreement encourages the USICH to continue to
work with its partners to develop a Federal strategic plan that
utilizes humane strategies and effective data-driven
interventions.
Technical assistance for CoCs.--The agreement directs the
USICH to continue collaborating with stakeholders to improve
the intake methodology and practices for survivors of domestic
violence by providing necessary technical assistance to CoCs.
Assistance for survivors fleeing domestic violence.--The
agreement directs the USICH to work with relevant HUD program
offices to determine what reforms to the emergency transfer and
voucher implementation processes are necessary to effectively
serve domestic violence survivors and further the
implementation of the VAWA. The agreement directs USICH to
report to the House and Senate Committees on Appropriations on
the status of this work within 180 days of enactment of this
Act. This report shall identify the housing assistance models
being considered in consultation with Federal partners, include
input from other stakeholders and advocates, and discuss how
the implementation of these models will ensure the needs of
PHAs, service providers, and survivors are met.
Interagency coordination tool.--The USICH shall ensure that
the development of the interagency coordination mobile
application tool includes external stakeholder engagement to
ensure a user-friendly format and compilation of data. The
agreement directs the USICH to provide an interim report to the
House and Senate Committees on Appropriations within 60 days of
enactment providing an update on the feedback gained from
stakeholder engagement, revisions made due to community
feedback, and the next steps in developing and testing the
application tool.
TITLE IV--GENERAL PROVISIONS--THIS ACT
Section 401 prohibits the use of funds for the planning or
execution of any program to pay the expenses of, or otherwise
compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings.
Section 402 prohibits the obligation of funds beyond the
current fiscal year and the transfer of funds to other
appropriations, unless expressly provided.
Section 403 limits consulting service expenditures through
procurement contracts to those contracts contained in the
public record, except where otherwise provided under existing
law.
Section 404 prohibits funds from being used for certain
types of employee training.
Section 405 specifies requirements for the reprogramming of
funds and requires agencies to submit a report in order to
establish the baseline for the application of reprogramming and
transfer authorities.
Section 406 provides that not to exceed 50 percent of
unobligated balances for salaries and expenses may remain
available until September 30, 2022, for each account for the
purposes authorized, subject to the approval of the House and
Senate Committees on Appropriations.
Section 407 prohibits the use of funds for any project that
seeks to use the power of eminent domain, unless eminent domain
is employed only for a public use.
Section 408 prohibits funds from being transferred to any
department, agency, or instrumentality of the U.S. Government,
except where transfer authority is provided in this or any
other appropriations Act.
Section 409 prohibits funds from being used to permanently
replace an employee intent on returning to his or her past
occupation following completion of military service.
Section 410 prohibits funds from being used by an entity
unless the expenditure is in compliance with the Buy American
Act.
Section 411 prohibits funds from being made available to
any person or entity that has been convicted of violating the
Buy American Act.
Section 412 prohibits funds from being used for first-class
airline accommodations in contravention of sections 301-10.122
and 301-10.123 of title 41, CFR.
Section 413 prohibits funds from being used for the
approval of a new foreign air carrier permit or exemption
application if that approval would contravene United States law
or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport
Agreement.
Section 414 restricts the number of employees that agencies
may send to international conferences unless such attendance is
important to the national interest.
Section 415 caps the amount of fees the STB can charge or
collect for rate or practice complaints filed at the amount
authorized for district court civil suit filing fees.
Section 416 prohibits funds from being used to maintain or
establish computer networks unless such networks block the
viewing, downloading, or exchange of pornography.
Section 417 prohibits funds from being used to deny an
Inspector General timely access to any records, documents, or
other materials available to the department or agency over
which that Inspector General has responsibilities, or to
prevent or impede that Inspector General's access to such
records, documents, or other materials.
Section 418 prohibits funds to be used to pay award or
incentive fees for contractors whose performance is below
satisfactory, behind schedule, over budget, or failed to meet
requirements of the contract, with exceptions.
Section 419 cancels the fiscal year 2020 renewal
competition for certain homeless assistance grants and renews
grants to grantees that received funding in fiscal year 2019.
Section 420 designates certain amounts provided under the
heading ``Department of Housing and Urban Development--Public
and Indian Housing--Tenant-Based Rental Assistance'' as an
emergency requirement.
Section 421 appropriates $23,332,000 in additional funds
for the essential air service program and waives certain
eligibility requirements for fiscal years 2020 and 2021.
Section 422 makes certain adjustments to apportionments for
airports in fiscal years 2022 and 2023.
Section 423 makes certain adjustments to the contract tower
program.
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